HomeMy WebLinkAboutContract 63990FORT WORTH
CITY OF FORT WORTH
COOPERATIVE PURCHASE AGREEMENT
CSC No. 63990
This Cooperative Purchase Agreement ("Agreement") is entered into by ProPac, Inc. ("Vendor")
and the City of Fort Worth ("City"), a Texas home-rule municipality individually referred to as "party" and
collectively as the "parties".
The Cooperative Purchase Agreement includes the following documents which shall be construed in the
order of precedence in which they are listed:
l .This Cooperative Purchase Agreement;
2.Exhibit A -Seller's Quote
3.Exhibit B -Cooperative Agency Contract TIPS 240102 and
4.Exhibit C -Conflict of Interest Questionnaire
Exhibits A, B, and C, which are attached hereto and incorporated herein, are made a part of this
Agreement for all purposes. Vendor agrees to provide City with the services and goods included in
Exhibit A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all
exhibits thereto. If any provisions of the attached Exhibits conflict with the terms herein, are prohibited
by applicable law, conflict with any applicable rule, regulation or ordinance of City, the terms in this
Cooperative Purchase Agreement shall control.
City shall pay Vendor in accordance with the payment terms in Exhibit A and in accordance with
the provisions of this Agreement. Total payment made under this Agreement by City shall not exceed
Seventy-Six Thousand Seven Hundred Three Dollars and Zero Cents ($76,703.00) annually. Vendor
shall not provide any additional items or services or bill for expenses incurred for City not specified by
this Agreement unless City requests and approves in writing the additional costs for such services. City
shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City
first approves such expenses in writing.
The Parties will engage in multiple transactions to purchase goods and/or services under this
Agreement. For each purchase made pursuant to this Agreement, Vendor must supply a quote for the
subject goods and/or services and the quote must conform with the then-current pricing under the
underlying cooperative agreement. If the City accepts the quote and places an order for the goods and/or
services, that quote shall be considered an addendum to this agreement but is not required to be filed in
the City records. The Parties will maintain all quotes for the 3-year Audit period included herein.
The term of this Agreement is effective beginning on the date signed by the Assistant City
Manager ("Effective Date") and expires on March 31, 2026, with one renewal option.
Vendor agrees that City shall, until the expiration of three (3) years after final payment under this
Agreement, or the final conclusion of any audit commenced during the said three years, have access to
and the right to examine at reasonable times any directly pertinent books, documents, papers and records,
including, but not limited to, all electronic records, of Vendor involving transactions relating to this
Agreement at no additional cost to City. Vendor agrees that City shall have access during normal
working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor
reasonable advance notice of intended audits.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined
to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
representatives or (2) received by the other party by United States Vlail, registered, return receipt
requested, addressed as follows:
To C[TY:
City of Fort Worth
Attn: Assistant City Manager
100 Foit Worth Trail
Fort Worth, TX 76102
With copy to Fort Worth City Attorney's Office at the
same address
ProPac, ]nc.
Richard King, Chief Operating Offcer
2465 Air Park Road
North Charleston SC, 29406
Email: propac@propacusa.com
City is a government entity under the laws of the State of Texas and all documents held or
maintained by City are subject to disclosure under the Texas Public Information Act. To the extent the
Agreement requires that City maintain records in violation of the Act, City hereby objects to such
provisions and such provisions are hereby deleted from the Agreement and shall have no force or effect.
In the event there is a request for information marked Confidential or Proprietary, City shall promptly
notify Vendor, It will be the responsibility of Vendor to submit reasons objecting to disclosure. A
determination on whether such reasons are sufficient will not be decided by City, but by the Office of
the Attorney General of the State of Texas or by a court of competent jurisdiction.
The Agreement and the rights and obligations of the parties hereto shall be governed by, and
construed in accordance with the laws of the United States and state of Texas, exclusive of conflicts of
law provisions. Venue for any suit brought under the Agreement shall be in a court of competent
jurisdiction in Tarrant County, Texas. To the extent the Agreement is required to be governed by any
state law other than Texas or venue in Tarrant County, City objects to such terms and any such terms are
hereby deleted from the Agreement and shall have no force or effect.
Nothing herein constitutes a waiver of City's sovereign immunity. To the extent the Agreement
requires City to waive its rights or immunities as a government entity; such provisions are hereby deleted
and shall have no f'orce or effect.
To the extent the Agreement, in any way, limits the liability of Vendor or requires City to
indetnnify or hold Vendor or any third party hartnless from datnages of any kind or character, City
objects to these terms and any such terms are hereby deleted from the Agreement and shall have no force
or effect.
If Vendor has fewer than 10 employees ortl�is Agreement is for less than $100,000, tl�is section does not
apply. Vendor acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is
prohibited from entering into a contract with a company for goods or services unless the contract contains awritten
verification fi-om the company tl�at it: (1) does not boycott Israel; and (2) will not boycott Israel during the term
of the contract. The tertns "boycott lsrael" and "company" has the meanings ascribed to those terms in Chapter
2271 of the Texas Government Code. By signing this Agreement, Vendor certifies that Vendor's signature
provides written verification to the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel
during the tenn of the Agreement.
If Vendor has fewer tl�a�� 10 empSayees or tf�is Agreem�nt is far less chan $] 00,000, tl�is section does ��ot
apply. Vendor ack�lor,vledges that in accardailce witl� Chapter 227h of the Texas Governinent Cade, tl�e City is
prohil�ited froin entering into a contract �or �oods or ser�ices that has a vatue of $ l OQ,000 or more tfzat is to be
paid ��holly c�r partly from p��blic f�mds oftlie City ���ith a cotnpan�- witti 1Q or more fu�l-time emp�oyees �nless
the contract contains a written vei�ificafion from the Venc�ar that it: {1 } does not boycott ener�y com�anies; and
(2) �vi�l i7ot boycqtt erlergy companies dur"sng the tertn of tl�is Agreemeilt. To tf�e exicnt t��at Chapter 2276 of tl-�e
Govern�ne�lt Code is applical��e to this AgY�eeme��t, by signing this Agreemei�t, Ve��dor certifi�s tl�at Vendor's
sig��atuse provic�es wriiten verification to the Cify that Vendor: (1) does nat boycott ener�y com�ai�ies; and {2)
will not boyco�t energy companies during ti�e term of this .Agt�eement_
if Vendor has fewer t�an ( 0 einplayecs ar t�zis Agreern�nt is for l�ss illan $] 00,000, this s�ctian does i�ot
apply. Ve�ldor aeknowledges tE1at eYce�t as ather�vise provided by Chapter 2274 of ihe 'Texas Gavernrne��t Code,
the C'sty tis }�rohibiteci from enieri3�� ia�to a contract for goods o�� services tl�at has a value of $100,00b ar Er�ore that
fs to be paid wholly or patrtly froin public fiinds of t11e City witl7 a campany with iD oe mo�-e full-time emplayees
untess the contract contains a written verification from the Vendor that it: (1) does not ]�ave a���aciice, policy,
guidance, or directive that discri�rinat�s against. a firearm entify or i►rearj� trade association; as�d (2) witt i�ot
discrii��inate during the ferm of t�e cor7#ract against a firearm entity or firear�n teade assc�ciation. To the extei�t
#hat Chapter 2274 of tt�e Gavernment Code is appiicable to this Agreemea�t, by si�;ning ihis Agreeme��t, Ve��dor
cerlif es that Vea�dor's sigE�ature provides wriiten verification to the City that Vendor: { 1) does nat have a practice,
policy, guida�lce, or directive t13at discriminates again5t a tirearm entity or firearn, tradc association; and (Z} �v�ll
not cf�scriinina#e against a firearm entity oe tirearm trade association dtfring t4�e ten� ot tf�is Agrec�ne�at.
(signature page fUllo�vs}
(remainder of this pa�e intentionally left blank)
The undersigned represents and warrants that he or she has the power and authority to execute
this Agreement and bind the respective party.
CITY OF FORT WORTH:
By: !,JJ,L,,9L
Name: William Johnson
Title: Assistant City Manager
Date: Sep 19, 2025
APPROVAL RECOMMENDED:
By: Ro�epl9,202510:10:19CDT)
Name: Robert A. Alldredge Jr. Title: Executive Assistant Chief
�;,. � By: U Name: Jannette Goodall Title: City Secretary
VENDOR:
ProPac, In� ..._ �
\ __ _.
By: -2� Name: Richard 1G Title: hief Operating Officer
Date: Cf
CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements.
By: Name: Loraine Coleman Title: Ad ministrative Services Manager
APPROVED AS TO FORM AND LEGALITY:
� u)� Byrf -Name: Jessika Williams Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: NIA Date Approved: NIA
1295 Form: NIA
EXHIBIT A
�� ProPac, Inc.
.•
2465 Air Park Rd, North Charleston, SC 29406
Phone: (800)345-3036 Fax: (888)877-6722
httos: //orooacusa.com/
Quote # 43356
Entered By KRodriguez
Quote Date: 8112/2025
Source: PSTO
Quoted To Client account number: FOR00040 Shipping location� FOR00040
Bill To• FORT WORTH POLICE Ship To: FORT WORTH POLICE
505 WEST FELIX ST 505 WEST FELIX ST
POLICE DEPARTMENT POLICE DEPARTMENT
FORT WORTH, TX 76115 FORT WORTH, TX 76115
US
Phone: (817) 392-6452 Fax: Phone: (817) 392-6452 Fax:
Terms: Ordered By: Customer PO: Carrier: Service: Inside Sales::
NET 10 DAYS RYAN STEPP ORIGIN ORG KENNY
Line # Item# Item Description
1 T7428-5SWA 5 STALL RESTROOM TRAILER WITH ADA
Note: CUSTOMER PROVIDES ADA RAMP
Quote Notes: **"TIPS CONTRACT #240102 FOR PURCHASE OF
TRAILER."""`CATALOG PRICE - $95,000. CUSTOMER PRICE -
$72,410.00 + ANY APPLICABLE TAXES. CUSTOMER
DISCOUNT $22,590.00"* LEADTIME 90-120 DAYS ARO AND
AFTER DESIGN APPROVAL. ORDER CANNOT BE CANCELED
AFTER RECEIPT OF PO.
ALL PRICES ARE VALID FOR 15 DAYS FROM THE QUOTE DATE
Outside Sales:
Quantity Price UOM Extended
1 72,410.00 EA 72,410.00
FREIGHT QUOTES ARE ONLY VALID FOR 15 DAYS
LIFTGATE, INSIDE DELIVERY, RE-DELIVERY, APPOINTMENTS, RESIDENTIAL
DELIVERY WILL RESULT IN ADDITIONAL CHARGES
Subtotal:
Freight:
Sales Tax:
Total:
72,410.00
4,293.00
0.00
76,703.00
Page 1 of 1
EXHISIT B
TIPS VENDOR AGREEMENT
TIPS RFP 240102 Emergency Responder Supplies, Equipment, and Services
The following Vendor Agreement ("Agreement") creates a legal agreement between The Interlocal Purchasing System ("TIPS"), a
government purchasing cooperative and Deparnnent of Texas Region 8 Education Service Center and (INSERT ENTITY NAME):
ProPac, Inc.
(ENTER ENTITY NAME]
its owners, agents, subsidiaries, and affiliates (together, "Vendor") (individually, "Party", and collecrively the "Parties") and this
agreement shall exclusively govern the contractual relationship ("Agreement") between the Parties.
TIPS, a governmental entity and a national purchasing cooperative seeks to provide a valuable and necessary solution to public entities
and qualifying non-profits by performing the public procurement solicitation process and awarding compliant contracts to qualified
vendors. Then, where the law of a customer's jurisdiction allows, instead of public entities and qualifying non-profits expending time,
money, and resources on the extensive public procurementprocess, the use of TIPS allows public entities to quickly select and purchase
their preferred products or services from qualified, competitively evaluated vendors through cooperative purchasing.
1. Purpose. The purpose of this Agreement is to identify the terms and conditions of the relationship between TIPS and Vendor. Public
entities and qualifying non-profits that properly join or utilize TIPS ("TIPS Members") may elect to "piggyback" off of TIPS'
procurements and agreements where the laws of their jurisdiction allow. TIPS Members are not contractual parties to this Agreement
although terms and conditions of this Agreement may ensure benefits to TIPS Members.
2. Authority. The Pazties agree that the signatories below aze individual authorized to enter into this Agreement on behalf of their entity
and that they are acting under due and proper authority under applicable law.
3. Defmitions.
a. TIPS Pricing: The specific pricing, discounts, and other pricing terms and incentives which Vendor submitted and
TIPS approved for each respective TIPS Contract awarded to Vendor and all permissible, subsequent pricing updates
submitted by Vendor and accepted by TIPS, if any.
b. Authorized Reseller: A reseller or dealer authorized and added by a Vendor through their online TIPS Vendor Portal
to make TIPS sales according to the terms and conditions herein.
4. Entire Agreement. This Agreement resulted from TIPS posting a"TIPS Solicitation" (RFP, RCSP, RFQ, or other) and Vendor
submitting a proposal in response to that posted TIPS Solicitation for evaluarion and award. The Parties agree that this Agreement
consists of the provisions set forth herein and: (1) The TIPS solicitation document resulting in this Agreement; (2) Any addenda or
clazificarions issued in relation to the TIPS solicitation; (3) All solicitation information provided to Vendor by TIPS through the TIPS
eBid System; (3) Vendor's enrire proposal response to the TIPS solicitation including all accepted required attachments, acknowledged
notices and certifications, accepted negotiated terms, pricing, accepted responses to questions, and accepted written clarifications of
Vendor's proposal, and; any properly included attachments to this Agreement. All documentation and information listed is hereby
incorporated by reference as if set forth herein verbatim. In the event of conflict between the terms herein and one of the incorporated
documents the terms and conditions herein shall control.
5. Vendor's Specific Warranties, Terms, and License Agreements. Because TIPS serves public entities and non-profits throughout
the nation all of which are subject to specific laws and policies of their jurisdiction, as a matter of standard practice, TIPS does not
typically accept a Vendor's specific "Sale Terms" (warranties, license agreements, master agreements, terms and conditions, etc.) on
behalf of all TIPS Members. TIPS may permit Vendor to attach those to this Agreement to display to interested customers what terms
may apply to their Supplemental Agreement with Vendor (if submitted by Vendor for that purpose). However, unless this term of the
Agreement is negotiated and modified to state otherwise, those specific Sale Terms are not accepted by TIPS on behalf of all TIPS
Members and each Member may choose whether to accept, negotiate, or reject those specific Sale Terms, which must be reflected in a
separate agreement between Vendor and the Member in order to be effective.
TIPS Vendor Agreement Page i
6. Vendor ldentity and Contact Information. It is Vendor's sole responsibility to ensure that all identifying vendor information (name,
EIN, d/b/a's, etc.) and contact information is updated and current at all times within the TIPS eBid System and the TIPS Vendor Portal.
It is Vendor's sole responsibility to confirm that all e-correspondence issued from tips-usa.com, ionwave.net, and tipsconshvction.com
to Vendor's contacts are received and are not blocked by firewall or other technology security. Failure to permit receipt of
correspondence from these domains and failure to keep vendor identity and contact information current at all times during the life of
the contract may cause loss of TIPS Sales, accumulating TIPS fees, missed rebid opportunities, lapse of TIPS Contract(s), and
unnecessary collection or legal actions against Vendor. It is no defense to any of the foregoing or any breach of this Agreement that
Vendor was not receiving TIPS' electronic communications issued by TIPS to Vendor's listed contacts.
7. Initiation of TIPS Sales. When a public entity initiates a purchase with Vendor, if the Member inquires verbally or in writing whether
Vendor holds a TIPS Contract, it is the duty of the Vendor to verify whether the Member is seeking a TIPS purchase. Once verified,
Vendor must include the TIPS Contract Number on all purchase communications and sales documents exchanged with the TIPS
Member.
S. TIPS Sales and Supplemental Agreements. The terms of the specific TIPS order, including but not limited to: shipping, freight,
insurance, delivery, fees, bonding, cost, delivery expectations and location, retums, refunds, terms, conditions, cancellations, order
assistance, etc., shall be controlled by the purchase agreement (Purchase Order, Contract, Invoice, etc.) (hereinafter "Supplemental
Agreement") entered into between the TIPS Member Customer and Vendor only. TIPS is not a party to any Supplemental Agreement.
All Supplemental Agreements shall include Vendor's Name, as known to TIPS, and TIPS Contract Name and Number. Vendor accepts
and understands that TIPS is not a legal party to TIPS Sales and Vendor is solely responsible for identifying fraud, mistakes,
unacceptable terms, or misrepresentations for the specific order prior to accepting. Vendor agrees that any order issued from a customer
to Vendor, even when processed through TIPS, constitutes a legal contract between the customer and Vendor only. When Vendor
accepts or fulfills an order, even when processed through TIPS, Vendor is representing that Vendor has carefully reviewed the order
for legality, authenticity, and accuracy and TIPS shall not be liable or responsible for the same. In the event of a conflict between the
terms of this TIPS Vendor Agreement and those contained in any Supplemental Agreement, the provisions set forth herein shall conh�ol
unless otherwise agreed to and authorized by the Parties in writing within the Supplemental Agreement.
9. Right of Refusal. Vendor has the right not to sell to a TIPS Member under the awarded agreement at Vendor's discretion unless
otherwise required by law.
10. Reporting TIPS Sales. Vendor must report all TIPS Sales to TIPS. If a TIPS sale is initiated by Vendor receiving a TIPS Member's
purchase order from TIPS directly, Vendor may consider that specific TIPS Sale reported. Otherwise, with the exception of TIPS
Automated Vendors, who have signed an exclusive agreement with TIPS regarding reporting, all TIPS Sales must be reported to TIPS
by either: (1) Emailing the purchase order or similar purchase document (with Vendor's Name, as known to TIPS, and the TIPS
Contract Name and Number included) to TIPS at tinsooC�a.tips-usa.com with "Confirmation Only" in the subject line of the email within
three business days of Vendor's acceptance of the order, or; (2) Within 3 business days of the order being accepted by Vendor, Vendor
must login to the TIPS Vendor Portal and successfully self-report all necessary sale information within the Vendor Portal and confirm
that it shows up accurately on your current Vendor Portal statement. No other method of reporting is acceptable unless agreed to by
the Parties in writing. Failure to report all sales pursuant to this provision may result in immediate cancellation of Vendor's TIPS
Contract(s) for cause at TIPS' sole discretion. Please refer to the TIPS Accountine FAQ's for more information about reporting sales
and if you have further questions, contact the Accounting Team at accountin�(a?tins-usa.com.
11. TIPS Administration Fees. The collection of administrative fees by TIPS, a government entity, for performance of these procurement
services is required pursuant to Texas Govemment Code Section 79 ].011 et. seq. The administration fee ("TIPS Administration Fee")
is the amount legally owed by Vendor to TIPS for TIPS Sales made by Vendor. The TIPS Administration Fee amount is typically a
set percentage of the amount paid by the TIPS Member for each TIPS Sale, less shipping cost, bond cost, and taxes if applicable and
identifiable, which is legally due to TIPS, but the exact TIPS Administration Fee for this Contract is published in the corresponding
solicitation and is incorporated herein by reference. TIPS Administration Fees are due to TIPS immediately upon Vendor's receipt of
payment, including partial payment, for a TIPS Sale. The TIPS Administration Fee is assessed on the amount paid by the TIPS Member,
not on the Vendor's cost or on the amount for which the Vendor sold the item to a dealer or Authorized Reseller. Upon receipt of
payment for a TIPS Sale, including partial payment (which renders TIPS Administration Fees immediately due), Vendor shall issue to
TIPS the corresponding TIPS Administration Fee payment as soon as possible but not later than thirty-one calendar days following
Vendor's receipt of payment. Vendor shall pay TIPS via check unless otherwise agreed to by the Parties in writing. Vendor shall
include clear documentation with the issued payment dictating to which sale(s) the amount should be applied. Vendor may create a
payment report within their TIPS Vendor Portal which is the preferred documentation dictating to which TIPS Sale(s) the amount
should be applied. Failure to pay all TIPS Administration Fees pursuant to this provision may result in immediate cancellation of
Vendor's TIPS Conh�act(s) for cause at TIPS' sole discretion as well as the initiation of collection and legal actions by TIPS against
Vendor to the extent permitted by law. Any overpayment of participation fees to TIPS by Vendor will be refunded to the Vendor
TIPS Vendor Agreement Page 2
within ninety (90) days of receipt of notification if TIPS receives written notification of the overpayment not later than the expiration
of six (6) months from the date of overpayment and TIPS determines that the amount was not legally due to TIPS pursuant to this
agreement and applicable law. Any noritication of overpayment received by TIPS after the expiration of six (6) months from the date
that TIPS received the payment will render the overpayment non-refundable. Region 8 ESC and TIPS reserve the right to extend the
six (6) month deadline if approved by the Region 8 ESC Board of Directors. TIPS reserves all rights under the law to collect TIPS
Adminish•ation Fees due to TIPS pursuant to this Agreement.
12. Term of the Agreement. This Agreement with T1PS is for approximately three years with a one-yeaz, consecutive option for renewal
as described herein. Renewal options are not automatic and shall only be effective if offered by TIPS at its sole discretion. If TIPS
offers a renewal option, the Vendor will be notified via email issued to Vendor's then-listed Primary Contact. The renewal option shall
be deemed accepted by Vendor unless Vendor notifies TIPS of its objection to the renewal option in writing and confirtns receipt by
TIPS.
Actual Effective Date: Agreement is effective upon signature by authorized representatives of both Parties. The Ef'fective Date does
not affect the "Term Calculation Start Date."
Term Calculation Start Date: To keep the contract term consistent for all vendors awarded under a single T[PS contract, Vendor
shall calculate the foregoing term as starting on the last day of the month that "Award Notifications" are anticipated as published in the
Solicitation, regardless of the actual Effective Date.
Example of Term Calculation Start Date: If the anticipated "Award Date" published in the Solicitation is May 22, 2023, but extended
negoriations delay award until June 27, 2023 (Actual Effective Date), the Term Calculation Start Date shall be May 31, 2023 in this
example.
Contract Expiration Date: To keep the contract term consistent for all vendors awarded under a single TIPS contract, the term
expiration date shall be three-years from the Term Calculation Start Date.
Example oi Contract Expiration Date: If the anticipated"Award Date" published in the Solicitation is May 22, 2023, but extended
negotiations delay award until June 27, 2023 (Actual Effective Date), the Term Calculation Start Date shall be May 31, 2023 and the
Contract Expiration Date of the resulting initial "three-year" tertn, (which is subject to an extension(s)) will be May 31, 2026 in this
example.
Option(s) for Renewal: Any option(s) for renewal shall begin on the Contract Expiration Date, or the date of the expiration of the
prior renewal term where applicable, and continue for the duration specified for the renewal option herein.
Example of Option(s) for Renewal: In this example, if TTPS offers a one-year renewal and the Contract Expiration Date is May 31,
2026, then the one-year renewal is effective from May 31, 2026 to May 31, 2027.
TIPS may offer to extend Vendor Agreements to the fullest extent the TIPS Solicitation resulting in this Agreement permits.
13. TIPS Pricing. Vendor agrees and understands that for each TIPS Contract that it holds, Vendor submitted, agreed to, and received
TIPS' approval for specific pricing, discounts, and other pricing terms and incentives which make up Vendor's TIPS Pricing for that
TTPS Contract ("TIPS Pricing"). Vendor confirms that Vendor will not add the TIPS Administration Fee as a charge or line-item in a
TIPS Sale. Vendor hereby certifies that Vendor shall only offer goods and services through this TIPS Contract if those goods and
services are included in or added to Vendor's TIPS Pricing and approved by TIPS. TIPS reseives the right to review Vendor's pricing
update requests as specifically as line-item by line-item to determine compliance. However, Vendor contractually agrees that all
submitted pricing updates shall be within the original terms of the Vendor's TIPS Pricing (scope, proposed discounts, price inerease
limitations, and other pricing terms and incentives originally proposed by Vendor) such that TIPS may accept Vendors price increase
requests as submitted without additional vetting at TIPS discretion. Any pricing quoted by Vendor to a TIPS Member or on a TIPS
Quote shall never exceed Vendor's TIPS Pricing for any good or service offered through TIPS. TIPS Pricing price inereases and
modifications, if permitted, will be honored according to the teims of the solicitation and Vendor's proposal, incorporated herein by
reference.
14. IndernnifiCation of TIPS. VENDOR AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND TIPS, T�IPS MEMBERS, TIPB
OFFICERS, TIPS EMPLOrEEs, TIPS D�RECTolts, AND TIPS TRUSTEES (THE "TIPS INDEMIVITEES") FROM AND AGAINST ALL
CLAIMS AND SUITS BY THIRD-PARTI'ES FOR DAMAGES, INJURIES TO PERSONS (INCLUDING DEATH), PROPERTY DAMAGES, LOSSES,
EXI'ENSES, FEES, 1NCLUDINC CUURT COSTS, A.TTORNE3i'S FEES, AND EXPERT FEESs ARISING OUT OF OR RELATING TO VE'NDOR'S
PERFORMANCE UNDER THIS AGREEMENT (WCLUDING THE PERF.ORMANCE OF VENDOR'S OFFICERS. EMP.LOYEES, AGENTS,
ALYTHOR7ZED RESELLEITS, SUBCONTRACTORS, LICENSEE�, OR INVITEES), REG.4RDLESS OF THE NATURE OF THE CAUSE OF ACTION,
INCLUD.ING WITHOiJT LINIITATION CAUSES OF ACTION BASED UPON COMMONs CONSTITUTIONAL. OR STATUTORY LAW OR BASED IN
TIPS Vendor Agreement Page 3
WHOLE OR IN PART UPON ALLEGATIONS OF NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS ON THE PART OF VENDOR, ITS
OFFICERS, EMPLOYEES, AGENTS, AUTHORIZED RESELLERS, SUBCONTRACTORS, LICENSEES. OR IIVVITEES. NO LIMITATION OF
LIABILITY FOR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE ARE PERMITTED OR AGREED TO
BY TIPS. APART FROM THIS INDEMNIFICATION PROVISION REQUIRING INDEMNIFICATION OF THE TIPS INDEMNITEES'
ATTORNEY'S FEES AS SET FORTH ABOVE, RECOVERY OF ATTORNEYS' FEES BY THE PREVAILING PARTY 1S AUTHORIZED ONLY IF
AUTHORIZED BY TEX. EDUC. CODE $ 44.032(F).
15. Indemnification and Assumption of Risk — Vendor Data. VE�'DOR AGREES THAT IT IS VOLUNTARILY PROVIDING DATA
(IIVCLUDING BUT NOT LINIITED TO: VENDOR INFORMATION, VENDOR DOCUMENTATION, VENDOR'S PROPOSALS, VENDOR PRICING
SUBIIIITTED OR PROViDED TO TIPS. TIPS CONTRACT DOCUMENTS, TIPS CORRESPONDENCE, VENDOR LOGOS AND IMAGES,
VENDOR'S CONTACT INFORMATION, VENDOR'S BROCHURES AND COMMERCIAL INFORMATION, VENDOR'S FINANCIAL
INFORMATION, VENDOR'S CERTIFICATIONS, AND ANY OTHER VENDOR INFORMATION OR DOCUMENTATION, INCLUDING WITHOUT
LIMITATION SOFTWARE AND SOURCE CODE UTILiZED BY VENDOR, SUBMITTED TO TIPS BY VENDOR AND ITS AGENTS) (KVENDOR
DATA"� TO TIPS. FOR THE SAKE OF CLARITY, AND WITHOUT LIMITING THE BREADTH OF THE INDEMNITY OBLIGATiONS IN
SECTION 14 ABOVE, VENDORAGREES TO PROTECT, LNDEMNIFY, AND HOLD THE TIPSTNDEMNITEES HARMLESS FROM AND AGAINST.
ANY AND ALL LOSSES, CLAIMS. ACTIONS. DEMANDS. ALLEGATIONS, SUITS, JUDGMENTS. COSTS. EXPENSES. FEES. INCLUDING COURT
COSTS. ATTORNEY'S FEES, AND EXPERT FEES AND ALL OTFIER LIABILITY OF ANY NATURE WHATSOEVER ARISING OUT OF OR
RELATING TO: (I) ANY UNAUTHORIZED, nEGLIGENT OR WRONGFUL USE OF, OR CYBER DATA BREACH INCIDENT AND VIRUSES OR
OTHER CORRUPTING AGENTS INVOLVING, VENDOR'S DATA, PRICING, AND INFORMATION, COMPUTERS, OR OTHERHARDWARE OR
SOFTWARE SYSTEMS. AND; (II) ALLEGATIONS OR CLAIMS THAT ANY VENDOR DATA INFRINGES ON THE INTELLE�TUAL PROPERTY
RIGHTS OF A TFIIRD-PARTY OR VENDOR.
16. Procedures Related to Indemnification. In the event that an indemnity obligation arises, Vendor shall pay all amounts set forth in
Section 14 and ] 5 above (including any settlements) and — if it has accepted its indemnity obligation without qualifcation — control
the legal defense to such claim or cause of action, including without limitation attorney selection, strategy, discovery, trial, appeal, and
settlement, and TIPS shall, at Vendor's cost and expense (with respect to reasonable out ofpocket costs and expenses incurred by TIPS
which shall be reimbursed to TIPS by Vendor), provide all commercially reasonable assistance requested by Vendor. In controlling
any defense, Vendor shall ensure that all assertions of govexnmental immunity and all applicable pleas and defenses shall be promptly
asserted.
17. Indemnity for Underlying Sales and Supplemental Agreements. Vendor shall be solely responsible for any customer claims or any
disputes arising out of TIPS Sales or any Supplemental Agreement as if sold in the open-market. The Parties agree that TIPS shall not
be liable for any claims arising out of Vendor's TIPS Sales or Supplemental Agreements, including but not limited to: allegations of
product defect or insufficiency, allegations of service defect or insufficiency, allegations regarding delivery defect or insufficiency,
allegations of fraud or misrepresentation, allegations regarding pricing or amounts owed for TIPS sales, and/or allegations regarding
payment, over-payment, under-payment, or non-payment for TIPS Sales. Payment/Drafting, overpayrnenUover-drafting, under-
payment/under-drafting, or non-payment for TIPS Sales between customer and Vendor and inspections, rejections, or acceptance of
such purchases shall be the exclusive respective obligations of Vendor/Customer, and disputes shall be handled in accordance with the
terms of the underlying Supplemental Agreement(s) entered into between Vendor and Customer. Vendor acknowledges that TIPS is
not a dealer, subcontractor, agent, or reseller of Vendor'S gOOds 3nd SCrviCes and shall not be responsible for any clainzs arising out of
alleged insufficiencies or defects in Vendor's goods and services, should any arise.
18. Confidentiality of Vendor Data. Vendor understands and agrees that by signing this Agreement, all Vendor Data is hereby released
to TIPS, TIPS Members, and TIPS third-party administrators to e£fectuate Vendor's TIPS Contract except as provided for herein. The
Parties agree that Vendor Data is accessible by all TIPS Members as if submitted directly to that TIPS Member Customer for purchase
consideration. If Vendor otherwise considers any portion of Vendor's Data to be confidential and not subject to public disclosure
pursuant to Chapter 552 Texas Gov't Code (the "Public Information Act") or other law(s) and orders, Vendor must have idenrified the
claimed confidential materials through proper execution of the Confidentiality Claim Form which is required to be submitted as part
of Vendor's proposal resulring in this Agreement and incorporated by reference. The Confidentiality Claim Form included in Vendor's
proposal and incorporated herein by reference is the sole indicator of whether Vendor considers any Vendor Data confidential in the
event TIPS receives a Public Information Request. If TIPS receives a request, any responsive documentarion not deemed confidential
by you in this manner will be automatically released. For Vendor Data deemed confidential by you in this manner, T[PS will follow
procedures of controlling statute(s) regarding any claim of confdentiality and shall not be liable for any release of information required
by law, including Attorney General determination and opinion. In the event that TIPS receives a written request for information
pursuant to the Public Information Act that affects Vendor's interest in any information or data fumished to TIPS by Vendor, and TIPS
requests an opinion from the Attomey General, Vendor may, at its own option and expense, prepare comments and submit information
directly to the Attomey General stating why the requested information is exempt from disclosure pursuant to the requirements of the
Public Information Act. Vendor is solely responsible for submitting the memorandum brief and information to the Attorney General
TIPS Vendor Agreement Page 4
within the time period prescribed by the Public Infarmation Act. Notwithstanding any other infarmation provided in this solicitation
or Vendor des�gnatioA� af cez'tain Vendor Data as confident�al or proprietary, Vendor's accepiance of this TIPS Vendor AgreenienY
constiCutes Ve��dor's cnnsent to the disclosure af Vendor's Data, ineluding any inforntation deemed confidenizal or proprietary, to TIPS
Members or a5 ordered by a Court or government agency, including without limitation the Texas Attorney C`,seneral. Vendoz agrees
that TIPS shall not be xes�onsible or liable %r any use or distriburion af information or docuanentation by TIPS Members or as rcquired
by ]aw.
19. Vendar's Authorized Resellers. TIT'S rccognizes that many vendors operate in the open marketthrough the use ofresellers or dealers.
Fpr that reason, TIPS permits Vendor to authorize Authorized Resellers within its Vendar Portal and ma%e TTPS Sales through the
Authorized Reseller(s). Once authozixed by Vendoz in the Vendor 1?qrtal, t�ae Au�laorized Resellerts) may ma�e TIPS sales to 'I'IPS
Members. Howe�er, all purchase documents rnust include: (1) Authorized Reseller's Name; (2) Vendor's Name, as known to TIPS,
and; (3) Vendor's TTPS Contract Name and Number under whieh it is rnaking the TIPS Sale. Either Vendor or Reseller z3nay repart the
sale pursuani tp the terms herein. However, Vendor agrees that it is legally re5ponsible for all reporting and fee payment as described
herein for TIPS Sales rnade by Autharized Rese�lers. The TIPS Adzninisfraiion Fee is assessed on the amnunt paid by thc TiPS
Merzzber, not on the Vendor's cost or o�i the amourat for which the Vendor sold the item to a dea[er or Authorized Reseller. Thc Parr'ses
intend that Vei�dor shali be responsible and liable for T1PS Sales made by Vetador's Authorized Resellers. Vendor agrees tY�at it is
voluntarily authorizin�; ihis Authorized �teseller and iza doing so, Vendor agrees that it is doing so at its own rick and agrees to �rotect,
indemnify, and hold TIPS harmtess aza accqzdance witY► Sectiotis 14-17 above related to Autharized Reseller TIPS Sales made pursuant
to this Agreement or puz�rorting to be rrzade pursuant to this Agreement that inay be assez�ed ag�inst Vendor whei:her rightfully [�rought
or otherwise. The Parties further agree that it is no defense to Vendor's breach nf this Agxecment that an Authorized Reseller caused
Vendor nf breach this Agree�nent.
20. Circumventian of TIPS Sales. When a public eni�ty initiates a purchase with Vendor, if the Member inquires verbally or in writing
w�ettser Vendar holds a TIPS Contraci, it is Yhe dt3ty of the V�ndor to verify whether the Mernber is seeking a'FIPS purchase. Any
request for quote, customer comntunication, or customer purcl�ase initiaTed through or referencing a TIPS Contract shall be completed
throu�h TIPS pursuaz�t to t}ais Agreeanent. Any encouragement or participation by Vendor in circumveniiz�g a 7�IPS sale being
completed may result in immediate termination of Vendor's TIPS Gontract(s) fpr cause as well as preclusion from future TIPS
opportunities at TiPS sole discretion..
21. State of Texas Franchise Tax. By si�;nature hereon, Vendor hereby certi�es ihat Vendor is not cturently delinquent iza the payrt�ent
of any franchise taxes nvaed ta the 5tate of Texas under Chapter 1 � 1 of thc Texas Tax Cade.
22. Termination.
�� Tcrrtzination For Canvcnaence. TIPS may, by written notice to Vendo�, terminate this Agreernent for convenience,
in whole or in part, at any timc by giving thirty (3D) days' written natice to Vendor of sueh terrnination, and
specifying the ef€ective date thereof.
B� Terinination for Cause. If Vendor �ails to materialiy perform pursuant to the terms of this Agreement, TIPS sha.11
provide written notice ta Vendor specifying the default. Xf Vendqr daes not eure such default within thirty (30}
day5, i'CPS n�ay terminate this Agreement, in whole or in p�-t, for cause. If TIPS terminates this Agreement for
cause, and it is later determined Yhat the tern�ialation for cause was wrongful, the terrnination shatl aatomatically
be converted ta and trcated as a iern7ination for convenience.
C� Vendor's Termination_ If TIPS fails to �nateriaily �erform pursuant to the terms of this Agreeinent, Vendor shall
pz'o�ide uvritten notice to TIPS specifying the default (`Notice of DefaulY'). If TIPS does not cure such defa€�it
within thirry (30) days, Vendor may tern�inate this Agreement, in whole or in part, for cause. If Vendox
terminates this Agreemen# for cause, and it is later detern�ined that tl�e terniination iaz eause was wzongful, the
termination shall auiomatically be converted to and treated as a terminatian for convenience..
D� Upon Cern�inatian, all TIPS Sale orders pxevi�usly accepted by Vendor shalt Ue futfi]]ed and Vendor shall be
paid for al� TIPS 5ales executec� pursuant to the applicable terrrEs. All TIPS 5ale orders presented t�i Vendor but
not fulfilled by Vendor, prior #o the actual terniinat�on oi this a�recrrient shall be honored at the option of the
TIPS Ivlember. �iPS shall submit to Vendor an invoice f�r any outstanding TIPS Administration Fees and
appra�ed expenses and Vendor shall pay such fees and expe3�ses within 36 calendar days of receipt of such valid
'T'TPS invoice. Vendor acknowledges and agrees that contijiued participatian in 'I'IPS is subject to TIPS' soic
disct'etion and that aray Vendor zz�ay be removed from the TIPS program at any time with or without canse. This
TIPS Vendpr A,gzeement Page 5
terminafion clause does not affect TIPS Sales Supp[emental Agreements pursuant tn this term xegarding
ter�ination and the Survival Clause term.
E} Vendor hercby waives any and all claims for damages, including, hut nat Iimited, to consequentiai damages or
lost pmfits, that might arise from TXPS' act of ierminating this Agreernent.
23. Survival Clause. It is the intent of the Parties thaE this Agreement and procurernent rnethod applies to any TiPS Sale made during the
life of this Agreement even if made on or near the Conh-act Expiration Date as defined herein. Tl�ns, all TIPS Saies, including buY not
Iimited to: ]eases, service agreements, license ageeements, open �urchase orders, �varsaxstias, and contracts, e�en if they extcnd months
or years past the TIPS GontracC �xpirataon Date, sh�ll survive the exgiration or termination of this Agreement subject to the ternis and
conditions of the Supp3emental Agreement between Customer and Vendor ar un�ess otherwise specif�ed herein.
24. Audit Rights. Due to transparency statute5 and public accountability requirements of TTPS and TIPS Members, Vendor shall at thcir
sole �xpense, maintain documentatipn of a[1 TIPS Sales for a period of three years Fram t�le time of th.e TIPS �ale. In order to ensure
ai�d confu�n compliance with this agreemenc, TIPS shall have authozity to conduct audits of Vendor's TIPS Pricing or TIPS Sales with
thirty-days' natice unless the audiY is ordered by a Court Orde� or by a GovernmenE Agency with authority ta do so without said natice.
Notwithstanding the foregoing, in the event tl�at `I'IPS is rnade aware of any pricing beang affezed to eligible entities that is materia][y
inconsistent with Vendor's TIPS Pricin�, TIPS shall have the ability ta conduct the audit internal ly or may engage a tliird- parLy auditing
firm to investigate any possible t�on-carnpLiant conduct ax may terminate the Agreen�ent aceording to �he terrras of this Agreernent. In
the event af an audrt, the requested �natexials shall be reasaraably provided iza the timie, format, and at the location acccptable to TIPS.
TIP$ agz'ees n�t to perform a rando�n audit the 'i'iPS transaction docutnentation more than ance per calendar year, but xeserves the right
to au�it for juat cause or as required hy any governrnental agency or court with regula�ory authority o��r "fIPS or the TIPS Member.
T'hese audit rights shall survive termination of this Agreernent for a period of one (1) year from the effective date af terrnination.
25. Cont�icts of Interest. `I'he Parties con�z� t�at they have not offered, given, oz accepted, r�or intenci to give at any time hereafter any
economi� opportunity, future employmeni, gift, loan, gratuity, specia] dascount, trip, favor, service to the other in connection witl� this
Agreexnent. Vendor af£'iz�ms tha#, to the best of Vendor's knov�rled�;e, this Agreement has been arri�ed at iradependently, and is a�varded
without eollus�on with anyone to obtain in£oz�nation or gain any favoritism that would in any way limit competition ar gi�e an unfair
advantage avez other �endors in ihe award af this Agrecment. trendor agrees thai it has disclosed any necessary affi]iations with
Region 8 Edtication Service Center and the TIPS Departmen[, if any, through the Conflict of Interest attacl�ment provided in the
soficitation resulting in this Agreement.
26. Volume of TIPS 5ales. Nothing in this Agreement or any T]FS communicat�on inay be construed as a guarantee that TIPS or TIPS
Mem3�ers wi[1 submit any TTPS orders to Vendor at any time.
27. Compliance with the Law. The Parties agree to comply fully witil all applieable federal, state, and ]ocal statzites, ordinances, rules,
and regiElatzons applicable to their entity in contaection with the programs cantemplated under this A�ree�nent.
28. �eves'ability. jf any term(s) o� pravision(s} of this Agreement are held hy a court of competent jrzrisdiction to be invalid, void, or
unenforceable, then such tenn(s� or provision(s) sh�ll bc dccn�cd restated to reflect the origi�lal intC�tllon of tt7� 1'aCtieS as T���.Tly as
possible in accordance with applacable law and the rernaixader of tk�i s Agreer�ent, and the remainder of the provisions of this Agree�ent
shall xeznain in full force and effect and shall in no way be affected, impaired or invalidated, unLess such holding causes the o��igations
of the Parties hereto to be impossible to perform or shall render the terms of this Agreement to be inconsistent with t�e intent of the
Parties hereto.
29. Force Majeure. If by reason of Farce Maj eure, either party hereto shal� be render�d unable whoTly or in part to carry out its obligations
under this Agree�nent through no fault of its own then such party skaall giee notice and full particulars of Force Majeure in writing to
the other party within a reasonable time after occunenee of the event or caase relied upon. UpoEi deliversng such nntice, the obligation
of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the cnntinuance pi the
inability then claimed but for no longer period, and such party shall endeavor to remove az' overcame such inability with all reasonable
dispatch. In t�e event that Vendor's obligations are suspended by reaspn of Force Majeure, all TIPS Sales accepted prior to the Force
Majeure event sha[1 be the ]egal responsihilety of Vendor and the terms of the TIPS 5ale Supplemcntai Agree�Ztent shall eantrol
Vendor's failure to fulfill for a Foree Majeure event.
30. Imrnunity. Vendor agrees that nothing in this Agreement shall be construed as a waiver of so�ereign or government imtnunity; nor
constitute oc be construed as a waiver o Fany of the privileges, ri�hts, defenses, zernedies, or immunities available to Re�ion $ Education
Service Center or ats TIPS Departtt�ent. Tl�e failure to enforce, or any delay in the enforccment of, any privilegas, rights, defettses,
TIPS Vendor Agreement Page 6
remedies, or immunit�es available to Region 8 Education 5ervice Center or its TIPS Departrr�ent under t.his Agreeme�t or under
applicable law shal] not constitute a waiver of sttch pri�ileges, rights, defenses, xemedies, or iznmunities or be considered as a basis %r
estoppel.
31. Insurance Reyuirements. Vendor agrees to maintain the foilowing m�nimum insurance requirernents for the duration of this
Agreement. All policies he1d by Vendor to adhere to this iexm shal] be wriCten by a carrier wath a financia] size category of VTi and at
Ieast a rating of "A-" by A.M. B�st Key Rating Guide. The co�erages and lin�its aze [o be considered ininin�um requirements and in
no way litnik the liabilaty of the Vendor(s). Any immunity available to TIPS or TIPS Members sl�a�� not be used as a defense by the
contractor's insurance policy. Only deductibles applicable to prQperty damage are acceptable, uniess proof of retention funds ta eover
said deductibles is prov'sded. °Claims made" policies will nat be aceepted. Vendor's required minimtran coverage shall not be suspended,
voided, cancelled, non-renewed or reduced in coverage or in lirr►its unless replaced by a policy that provides the rt�inimurn required
coverage except after thirEy (30} days prior written notice by certi£'ied inraail, ret�rn receipt requested has bccn given to TTPS Qr the TIPS
Member if a project or pending de]ivery of an order is on�oing, Upor� request, certi�ed copies of a1L insurance policies shali be funaished
to the TIPS or the TiPS Member. Vendor agrees that when Vendor or its subcont�-actors are liablc for any damages or claims, Vendar's
pnlicy, shall be primary over any other valid and collectible insurance carried by the Mernber or TTPS.
General Liability: $1,OOQ,000 each Occun-ence/Aggregate
Automobile Liability; $3(}0,000 i��clud�s owned, hired & non-owned
Workers' Compensaiion: Stat�atory limits for the 3usisdiction in which the Vendar p�rforms under this Agreement. If Vendor performs
in multiple jurisdictions, 'Vendor shall maintain the statutory limits for thejurisdiction with the greatest dollar
policy Iimit requireinent.
Urnbrella Liability: $1,000,000 each Occusrence/Aggregate
32. Waiver. No t�vaiver of any singie breach or multzple breaclaes af any provision of this Agreement shall be construed to be a wai�rer of
any breach of any other provision. No delay in acting regarding �ny breach of any pxovision shali be construed to be a waiver of such
bxeach.
33, �3indi�g Agreement. This Agreement sh�.11 be binding attd innre to the bei�efit of the Parties hereto and their respective heirs, legal
successors, and assigns.
34. Headzn�;s. The paragraph headings contai.ned in this Agreemznt are included salely for convenicnce af reference and shall not in any
way affect the meaning or inferpretation of any of the pro�isions of this Agreement.
35. Choice of Law and Ve�ue. This Agreement shall be governed by, constnied, and enforced in accordance with the laws of the State
of Texas. Any proceeding, clairn, action, or aherzaative dispute resolui�on arising Rut of or relating to this Agreemeni or rnvc�lving TIPS
shal] be brought in a 5tate Court of competent jurisdiction in Camp County, 'Fexas, or ii Pederal Court is Iegatly requirec�, a Fedez'al
Court of eotxtpetent jurisdictipn in Yhe Eastcrn District of Texas, and each of the Parties irrevocably submits to the exclusive j uz-i�sdictian
of said court in any suc2a proceeding, waives any objection it may now or hereafter have to venue or ta con�enience of foruzn, agrees
that �ll clai�s sn r�spect of the proceeding shall be heard and tietexrnined only in any such caurt, and agre�s not to bring any proceeding
arising out of or relatin�; to this procurement process or any conYract resultirxg from or and contemplated tx-ansaction in any other court.
The Parties a�ree that either or both of them may �[e a copy of this paragraph with any court as written evidence of the knowing,
voluntary and freely bargained for agreement between the Parties irre�oc�bly to waive any objectipns ta venue or tp conuenience of
forum.
36. Relationship of the Paxties. Nothing contained in this Agreement shall be cons�i-ued to make one I'arty an agent of the other Pa€-ty
nor slnali eit%er parTy kaave any authority to bind th� other in any respect, unless expressly autharized by the other party in writang. The
Parties are independent contractors and nothirag in this AgreemenC creat�s a relationsk�ip of ernptoymez�t, trust, agency oc partnership
betrveen them.
37. Assignment. No assignmant of this Agreament or of any duty or obligatioz► af perfonnance hereunder, sha[1 be �Z�ade in whole or in
part by a Pa�ty hereto without the prior written cpnsent of the other Party. Written consent of TIPS shall not be unreasonably withEzeld.
3$. Minimutan Conditinn and Warranty Requ'rretnents for TIPS 5ales. All goods c�uoted ox sold t}�'ough a TIPS Sale shall be new
unless clearly stated otherwise iii writing. All new goods and se�-vices shail include the applicable manufact-urers minimum standard
rvarranty unless otherwise agreed to in tiae Su�plexnental AgreemenC.
TIPS Vendar Agreement Page 7
39. Minzmum C�stomer Supgort Requirements for TIPS Sales_ Vendor shall provide timely and commercially reasvnable support for
TIPS Safes oz' as agreed to it� the appIicable Sugplemental Agreement.
40. Min�imum Shipping Requirements for TIPS Sales. Vendor shall ship, deliver, or provi.de ordered goads and services within a
comn�ercially reasonable time after acceptance of the ozdcr. If a dclay in d�livery is �nticipated, Vendor shall noti�y the TIPS Member
as to w�iy delivery is d�layed and provide an updated estimated time for cUmpletion. The TIPS Member may cancel the order if the
delay ia nat cammezciatly accepYable or not consistent with tlie Suppleme�tal AgreEment applicable to tf�e order.
41. Minimum Vendor License Requirements. Vendar shall rnaintain, in cu�rent staius, all federal, state, and local licenscs, bonds and
perrnits required for the operation of the business conducted by Vendor. Vendor shall remain f�xlly informed of and in cpmpliance with
all ordinanees and regulations pertaining to the lawful pravision of goods or servzces under the `I'IF5 Aa eement. TiPS and TIPS
Meznbers reserve th e right to stop wark and/or cazacel a T[PS Sale or terminate this or any TIPS 5ale Su�p[emental Agreement involvis�g
Vendor if Vendar's license(s) rec�uired to perfomt tu�der this Agreernent or under the specific TIPS Sa1e have expired, ]aps�d, are
suspended or terrninated subject to a 30-day cure pe�'iod unless prohibited by a�pticable statue or regulation.
42. Mi�uimum Vendar Legal Reqa�re�nents. Vendor shall rer�iain aware of and comply wi�h this Agreernent and all lacal, state, and
fedez'al laws governing the sale of products/services offered by Vendar w�;der this contract_ Such applica6le laws, ordinances, arad
policies must be complied with even if noi speci�ed herean.
43. Mini�num Site Requirements for TT�S Sales (when applicable to TIPSSaIe).
Cleanup: When perfornling wark on site at a TIPS Memb�r's prnperty, �'endor shall clean up and remove all debris and rubbish re5ulfing
from thei.r work as required or directed by ihe TrPS 1jvTember or as agreed by the parties. Upon co�rrpletion of woric, the premises shall be
leit in good repair and an arderly, neat, clean and unohstructed co�idition.
Preparation: Vendor shall ��ot begin a project for which a TIPS Member has not prepared tt�e site, unless Vendor does the preparation
work at no cost, or until TIPS Member includcs the cost of site preparation in the TIPS Sale Site prcparation includes, but is not timited
to: inoving furniture, installing wiring for netwar4cs or power, and similaz pre-i�tistallation xequire.ments.
Registered Sex Offender Restr�ctions: For woz'k to be performed at schools, Vendar agrees that no employee of Vendor or a
snbcontractor who has been adjudicated to be a zegistered sex af%nder will perfornx work at any time when students are, or reasana131y
expected to be, prasent unless otherwise agxeed by t�e TIPS Member. Ven�ar agrees that a violation of this condition shalI be considered
a material breach and may result in the cancellation of the �'IPS Sale at the TIPS Member's discretion. Vendor must identify any
additaonal costs associated with compliance of this Eerm. Tf no costs are specified, compliance wit13 this term will be provided at no
additional charge.
Safety Measures: Vendor shall take all reasonable precautions %r the safety of employees on the worksite, and shall erect and properly
maintain all necessary safeguards £or protection of wackers and t�e public. Venda� sha�1 post warning signs against all hazards created
by the oper3tion and wDrk in progY'ess. Pt'oper �rrecautions shall be taken pursuant to state law and standard practices to proicct workers,
general public and exzsting stnictures from injury or damage_
Smoking: Persons working under Agreement shall adhere to the T'IPS Mernber's or local stnoking statutes, eodes, ordinances, and
palicies.
44. Payment for TiIP5 Sales. TIPS Members may make payments for TIPS Sates directly to Vendor, Vendor's Authorized Reseller, or
as otherwise a�reed to m the applicable Supplemental Agreement afterreceipt of thc in�oice and in compliance with applicable payn�ent
statutes, Regardless at� how payment is issued or receivec� for a TTPS Sale, Vendor as responsible for all z-eport�ng and TTYS
Administration Fee payment rcquirements as stateci herein.
4S. Markefing. Vendor a�rees ta allow TIPS to use their name and logo within the TIPS website, database, marketing materials, and
advertisements unless Vendoz ne�otiates this ter�n to include a specific acceptable-use directtve. Any use of xIPS' nazzie and logo or
any form of publicity, inclusive of press release, regarding this Agreement by Vendor rnust have prior approval fram T7PS which will
not be unreasonably withheld. Request may be rnade Uy email to ti s cr.�ti s-�asa.con►. �'or marketin� effarts direcied to T1PS IVlembers,
Vendor must request and execute a separatc Joint Marketing I7iscIairner, at s�yar]cciingsr�Y�s-usz.��rz�, before TIPS can release confact
infonnatinn for TIPS Mensber entities fo� the purpose of marketing yaur 7'IP5 contract(s). Vendor must adhere to strict Marketing
Requirements once a disclaim�r is executed. T'he 7oznt Marketing bisclaimer is a supplernental agreement specific to,{oint marketing
efforts and ha� no effect on the terms of Yhe TIPS Vendor Agreement. Vendor agrees that any images, photos, writing, audio, c[ip art,
TIPS Vendor Agreement Page 8
music, or any other intellectual property ("Property"} or Vendor Data utilized, provided, or approved by Vendor during the course of
the joint marketing efforts are either the exclusive property of Vendor, or Vendor has all necessary rights, license, and permissions to
utilize said Property in the joint marketing efforts. Vendor agrees that they shall indemnify and hold harmless TIPS and its employees,
officers, agents, representatives, contractors, assignees, designees, and TIPS Members from any and all claims, damages, and judgments
involving infringement of patent, copyright, trade secrets, trade or services marks, and any other intellectual or intangible property
rights and/or claims arising from the Vendor's (including Vendor's officers', employees', agents', Authorized Resellers',
subcontractors', licensees', or invitees') unauthorized use or distribution of Vendor Data and Property.
46. Tax Exempt Status of TIPS Members. Most TIPS Members are tax exempt entities and the laws and regulations applicable to the
specific TIPS Member customer shall control.
47. Automatic Renewal Limitation for TIPS Sales. No TIPS Sale may incorporate an automaric renewal clause that exceeds month to
month terms with which the TIPS Member must comply. All renewal terms incorporated into a TIPS Sale Supplemental Agreement
shall only be valid and enforceable when Vendor received written confirmation of acceptance of the renewal term from the TIPS
Member for the specific renewal term. The purpose of this clause is to avoid a TIPS Member inadvertently renewing an Agreement
during a period in which the goveming body of the TIPS Member has not properly appropriated and budgeted the funds to satisfy the
Agreement renewal. Any TIPS Sale Supplemental Agreement containing an "Automatic Renewal" clause that conflicts with these
terms is rendered void and unenforceable.
48. Choice of Law Limitation for TIPS Sales. Vendor agrees that if any "Choice of Law" provision is included in any TIPS Sale
agreemendconiract between Vendor and a TIPS Member, that clause must provide that the "Choice of Law" applicable to the TIPS
Sale agreement/contract between Vendor and TIPS Member shall be the state where the TIPS Member operates unless the TIPS
Member expressly agrees otherwise. Any TIPS Sale Supplemental Agreement containing a"Choice of Law" clause that conflicts with
these terms is rendered void and unenforceable.
49. Venue Limitation for TIPS Sales. Vendor agrees that if any "Venue" provision is included in any TIPS Sale AgreemenUcontract
between Vendor and a TIPS Member, that clause must provide that the "Venue" for any ]itigation or altemativedispute resolution shall
be in the state and county where the TIPS Member operates unless the TIPS Member expressly agrees otherwise. Any TIPS Sale
Supplemental Agreement containing a"Venue" clause that conflicts with these terms is rendered void and unenforceable.
50. Indemnity Limitation for TIPS Sales. Texas and other jurisdictions restrict the ability of governmental entities to indemnify others.
Vendor agrees that if any "Indemnity" provision which requires the TIPS Member to indemnify Vendor is included in any TIPS sales
agreement/contract between Vendor and a TIPS Member, that clause must either be stricken or qualified by including that such
indemnity is only permitted, "to the extent permitted by the laws and consritution of [TIPS Member's State]" unless the TIPS Member
expressly agrees otherwise. Any TIPS Sale Supplemental Agreement containing an "Indemnity" clause that conflicts with these terms
is rendered void and unenforceable.
51. Arbitrafion Limitation for TIPS Sales. Vendor agrees that if any "Arbitration" provision is included in any TIPS Sale
agreement/contract between Vendor and a TIPS Member, that clause may not require that the arbitration is mandatory or binding.
Vendor agrees that if any "Arbitration" provision is included in any TIPS Sale agreemenr/contract between Vendor and a TIPS Member,
that clause provides for only voluntary and non-binding arbitration unless the TIPS Member expressly agrees otherwise. Any TIPS
Sale Supplemental Agreement containing a"Arbitration" clause that conflicts with these terms is rendered void and unenforceable_
In Witness Whereof, the parties hereto, each acting under due andproper authority, have signed this Agreement.
TIPS Vendor Agreement Page 9
TIPS VEND4R AGREEMENT SIGNATUIZE
FORM TIPS RFP 240102 Emeargency Responder
Supplies, Equigmen�, and Services
VendorName: PI�OPaC, �r1C.
ve�d�� Aaa�es5: 2465 Ai r Pa rk Road
�i�y; Nor�h Charleston
st���: S� z�� co��: 2940�
Vendor Authorized �ignatory Name: �f �� a rd K� n�
Vendor A�thorized Signatory Title: �'��
Vendor Authorized Signatory Phone: $00-345-3036
Vendor Authorized Sigrnatory Ernail: ��OpaC�pCO�aCL�Sa.com
�Vendor Authorized Signature: Date: 2�5/2024
(The following is for TIPS completiorz only)
TTI�� Authorized Signatory Narne: D�, Dar�id �itt�
TIPS Authoriz�d Signatory Title: EXeCutlVe ��reC�Or
TIPS Autharized Signature: ��, y�� ,� Date: 3/19/2024
TIPS �endar Agreeznexat Sigr}ature �orm Page 1
�
�. �
�: ;� �:
,.: .. r �
�. .
.
� � . - .� �. �
Err�n� �nformaiion
Num�er: 2�0'� �2
Ti�le: Emerg�n�y Re�ponder Suppiies, Equipment, and Se�rvices
Type: Rec�u�st fa� Propc�sal
issue Dafe: 1/4/2024
Deadline: 2{1612024 03.00 Pi� (CT)
�C3�ES: This is a soiicitation issued by The Interlocal Purchasing 5ysfern (TIPS), a department af
Texas Re9�fln 8 Education Servic�: Cenfer. It is an lndefinite Delivery, {rsdefinite Quantity
("IDfQ") solicitation. It will resulf in contracts that provide, thraugh adoptionl"piggyback"
an indefini#e quantity of 5uppiieslservices, during a fixed period of time, to iIPS �ubfic
entity and qualifying non-profit "TIPS Members" throughout the natian. "fhus, there is no
specific project ar scope of work to review. Rather this solicifatian is issued as a
prospeck'sve avuard for utiliza#ipn when any TSPS Member needs the goods or ser�ices
offered d�ring the life oi the agreement.
IF YOIJ CURRENTLY HOL�S TlPS COfiITRACT 2'10102 EM�RGENCY RESPOfVDER
SUPPLIES. EQUIPME�JT. ANEI SERVICES ("210T02"), YOU hMUST RESPOND TO THI5
50LIClTA710N TO PREVENT LAPSE QF CONTRACT UNLESS YOU H�LD ANOTHER
CURREiJT TIPS CONTRACT THA7 CQVERS ALL OF YOl1R EMEI2GENCY RESPONDER
OFFERINGS. TH15 AWA�2b�D CONTIZAC7 WILL REPLACE YOUR EXPIRING T�P5
GONTRACT 290'1 p2.
IF YOU HOLD ANOTHER 71P5 CDIJTRAC7 OTHER THAN 210702 WHICH COVEf2S AL� OF
YOUR EMI�RGENCY RESPQNDER OFFERWGS AND YOL] ARE SATLSFIED, WITH IT Tk{EItE
Page 1 of 31 pages Vendor: PROPAC, INC 240102
IS NO NEED TO RESPOND i'O ThlS 50LICITATION UNLESS YOiJ PREFER Tp HOL� BOTH
CONTRACTS.
Contact lnformatic�n
Address: R�gi�r� 8 Edt�cation S�rvic� Center
484� US Highway �71 Ntar�h
Pittsburg, TX 75686
Phone: +1 {8E6) 839-$477
�mail: bids@tips-usa.com
Page 2 of 31 pages Vendor: PROPAC, ��1C 240102
Pt��IPA�, 1NC Inforrn�ti�n
Gontacf: Su�an Rish��
Rddres�: 2��5 AfR PAE;�C RD
Nc�rih Chari��tor�, �C 29�OG-6178
Phone: ($43} 30�-09�4
F�x: (�43) 308aQ99�
�oEl �ree: (8QD) 3�5-3(��6
Email: prc�pac��ropa�u�a.com
iNeb Addres�: propa�@prapac��a.com
E3y submitting yq�r raspc�nse, yo� certify that you �re authorized to r�prese�t �nd bind your comp�n}�.
Richard King
Srgrrafure �
5ud�mitted at 2/fi2/2024 12:37:0� PM {CT)
Sa�ppli�r N�te
rfcir�c�@Pr��acusa.cos� .
F�rsai!
Current Cantra�t Hofd�r under 2�050'101 f�i�ast�;r Restc�r��ian �nd Reco�ery Service�. Ftes�bmitting under
this apporttan�ty as a�ar prcaclucts align � IitEfe better under this contr�ci_
��ctu��ted �t�acnrnen�s
Pricing Form 1
2401 �2 Pricing Form 7 _xlsx
Pricing Farm '� must be dovrnfoad�d from the "AttacF�ments" section af the InnW�ve eSid System, reviewed, properly
completed as instructed, and upload�d to ihis locafion.
Vendor Agr�e�rteni
24Q102 Ver�dor Agreern��t.pdf
ihe Vendor Agre�menf m�st b� dawnipaded fram the "At�achrnents" section of th� IonWave ��id Sy�tem, re�iewed,
Vendor Nam� plac�d +n the line prnvided at ihe tqp, and up€oad�d ka tl�is loeation. If Vendor has pr'oposed d�viations
to the Vendar Agreement, Vendar r�ay assert sa in the Attribu�e �ue�tions and #hose si�all be addres�ed during
evaluation.
Pri�ir�g �'�rm 2
24Q1�2 Pricing Far� 2.xlsx
Pricing Form 2 must be do�vnloaded from th� "Attachrn�n#s" s�ctio� of the IonW��e eBid Systern, reviewed, pro��rly
completed as instructed, and upfoaded to fhis location.
V�r�c��r Agre�ment Signature �'o�m
240�02 Vendor Agreement
Signature For�.pdf
The Vendor Agreement Signatur� Form must be downEoadEci from th�e "Attachments" s�ction af the IanL�dave eBid
Systerr�, reuiewed, praperiy co�p6eted, �nd uploaded to this location. If Vendor h�s prapo�ed devia$ions to the Vendor
Agreement, Vendor may leave th� signature line of this page blank ar�d assert s� in the A##ribute Question� and #hose
shali be addressed cluring e�aluation.
�crrrent Form W-9
Vid-9 2024. pdf
Vendor m�st uplc�ad their current IRS Tax Fc�rm W-J. The legal name, �IN, and dlbla's list�d shoufd match the
informafion provided herein exactly. This fors-n will 4�e utilized by il�'S tca praper�y ide�tify your entity-
R�ference Form 24��02 F2�fer���e Form.xls
The Reference Form must be dawnloacied fro€n the "Attacl�rner�ts" sect€on of th� lonWave e�3id SyStem, re�iew�d,
properly corrtpEet�d, �nd upfaadec[ to this iocation. The Reference Form must �e uploaded in Excel format.
Pags 3 of 31 pages Vendor: PRQPAC, INC 246102
R�quired Car�fider�tw�iity Claim Form
24Q102 Required Gonfidentialify
C�a�m �orm.pdf
Th� Required Confidentiality Claim F�rm mus� b� downloaded frarn the "Attach�ents" section of the IonYVa�e �Bid
System, reviewed, prop�rly compl�ted, and upload�d to this loca#ion. This is ihe or,ly way for Vend�r to assert
canfitient'saiity ofi �ny information submitted.
Aiterrrat� or �upplerr�eni�l Pricing D�c�r�n�nts
IVa response
OptionaL !f when cornpleting Pricing Fo�m '� & Pric'sr�g F�rsru � you t�ireet T1�S to view additional, alterrsat�, or
supplement�l pricing doeumeniation, you may upio�ci that documentation.
Vent�or Log� (�upple��nt�I Vend�r In�'orrr���i€�t� C.��i��
Propae Logo no bkgrnd larger
Pn9-P�9
Optional. ff Vendor desires that Yheir lago be displayed art their public TIPS prcafile for TlPS and TiP� Member �iewing,
Vendor m�y upload tha� lago at ��is location. These supplem�n#al documents shaEl not be considered part af ti�� TiP�
Ca�traet. Rat�er, ti��y are Uen�ior �upplem�r�tai 1r�formation for rnarkeiing and inform�t�onaf purpases only.
�i��#o�ur� c�f LobE��i�g Acti�r�t��s - S#andard Forrn � L�.L
IVo respons�
DQ not upload this fc�rrn unle�s Vendor has repartabl� labk�ying ac�iviti�s. Th�re ��e Atfisibufies er�titied, "2 C�R Part
2�0 or Federal Provision -�yrd Anii-Lobbying Arnendment — Con#inued." Praperly respond tQ thos� Attributes and
o�ly upfoad this farm if applicab�e/in�tructe�. If upload is required based on your respons� to fhose Attributes, the
Qisclosure of Lobbying Activifies —�tandard Forrri - LLL rv�ust be downla�ded from t(�e "Attachsr►ents" sect'san of fi4��
IonWave eBid Sysfiem, revi�vved, praperly completed, ar�d uploaded tn this Ic�cati�n.
��r�flic� �f Ic�tere�# C�ue�tionr��ire - For�n �li�
No respanse
[3n not upl�ad th'is form unless yau h�ve a repartable canflict with T1PS. There is an Attribute �ntitled "Gonflict of
Interes# Questionnaire Requiremen�" irnmediately followed by an Attribute entitled "Conflict af lnt�resi Giu�stior�naire
R�quiremen# — Farm CIQ — Cantinued." Prc�perly r�spond to ti�os� Attributes and only upload fhis form if
app4scabi�/instruct�d. lf uplo�d is required bas�d on your respon�e to those Attributes, the Cpnflict of Interest
Questionnair� — Form CiQ must be downlaaded from th� "Attachment�" seeiican of the Ic�nWave eBid �y�tem,
reviewed, properfy cnrnpE�ted, and upinaded af this location.
��rfmfica#e� & Licerases {�tappiemerttal lfendmr l�forrnati��t ��tyj No r�spons�
Optional. If Vendor wouici like ta display any applicable certificat�:s or iicenses (inciudin� �f�JB certificat�s) for TiPS and
T1PS Member Customer cansideration, Vendor may upload tF�ose at thi� lo�ation. The�e supplet�r�entaE dncuments
�hall not be considered par� af the TIPS Gontrac#. F�ather, t�sey a�e V�ndnr Supplem�ntaf Ir�farm�tian for rnarketing
and informational purposes nnly.
V�ndg�'s 1AVarranties, Term�, and Candi�ions (Su��l�merai�l V��t��r �c� respor�se
ir�foetn�tion OrtiY)
Optional. If 1/et�dnr 4vould like to dispiay any standard warranties, t�rm�, or c�nditions whicf� are aften appiica�l� to
their offerings for TfPS anc! TiPS Mer�-iber Ca�sfamer consideration, V�ndor may upload those ai ihis location. ihes�
s�pp0emer�tal ciocumer�ts shslE not be considered part �� the TIPS Coniract. €�ather, they are Vendar Supplemental
Information for marketing arrd informational p�rpases only.
aupplemental V��dor lr��ormati�n �Suppl�mer�fial Vendcar In��rm��i�n N� r�sponse
OnIY�
�p�ional_ If Vendor would iik� ta disp4ay ar irsciude any brochures, peomotion�l docu�nent�, marketing mat�rials, ar
other Vendar Information for TEP� ar�d TlPS Member Gustarri�r consideration, Vend�r may u�laad those at ttzis
loeation. These suppiemenkaf documents shall not b� considerad �art of the iIPS Contract. Rather, they are Vendor
Supplem�r�tal infarrnation for marketing anc� informatianal purposas only.
Page 4 of 31 pages Vendor: PRQPAG, l[�C 24D142
Bid Attri�ut�s
"I � Disadv�nt�gedlfVl€�€arEt}�NN�d�rnen Busin��s � F�d�ral HUBZone
�ome participating public entiti�s �re reqt��recf to se�k DiS�dv�nta�ed/Min�riEylUliomen Business & Fed�ral
HL16Zone ("D/�1iIW�Ei�ederal HUB�one"j vendors. Does Vendor c�rtify thai their er�tity is a[�lMI6IVBElFedaral
HU6�c�ne ver�dar?
If you respor�d "Yes," you m�st upEoad current certification proof in the apprapriate "Resppns� Att�ct�met�ts'"
Is�cation.
NO
2 � Nistoric�li}� [�r�d�ruiiliz�c� Busin��� (HU�}
Same pasticipating pub�ic enti�ies are required to seek H'istorically Underutilized Business (i�UB} vendors as defined
by the Texas CorrTptroller c�f Public,4ccaunts �ta#�vvide HU� Prc�gr�m. Does Vendor c�rtify that their enfity is a I-�UB
vendor?
lfi you respond "Yes," you must �pload current certificatiar� prr�ofi in the appro�riate "Respo�se Attachments"
loca#ion.
Yes
3 � Nationai Cc�v�ra�e
Can the Vendor pradide it� proposed goods and servie�s to all ��3 lJS 5iates?
Yes - All 5U States
� I 5ta�es ��rw�d
Ifi V�r7dor an5uvered "No" ta th� question en�itled "�latian�l Coverage," pl�ase list ail stat�s wh�re vc�ndor can
provide the goads and services proposed directiy below. Your respons� m�� dictate whict� pnkential TIP� Member
custnmers consid�r purchssing ycaur off2rir�gs.
No response
5 � Descriptian �f Ver��i�ar Entity and Vendor's Gonci� � S�r�sice�
1f award�d, this descripiion ofi Ver�dor and Vendor's goods and se�ices wili appear on the TIP� w�bsit� for
customer/public �iewing.
C1i�aster Preparedness and F�eliet Gompar�y serving Emerg�ncy f�anagem�ret Ag��cies, Pubiic Healfh
Q�p�rtment�, and First Responders. �ur offering incl�des �helt�ring Equipment, lnflat�ble Gpmmand Posts i
Hospital Systems, �mergency Kits ar�d Respanse irailers.
6 � Pr�mary Con#�ct N�me
Piease idenfiify ihe ind'ividual uvho will be primarily responsit�l� for all TIPS m�stter5 and inqusries for th� duration of
the contract.
Richard King
7 � Primary Gont�ct iitle
Primary Cflntact Titie
COO
� � Prirnar)r Car�tact �rt�ail
Pfease er�ter a valid email addre�s khat will definitely rcach th� Primary Cantact.
propac�,aipropacusa.com
Page 5 of 31 pages Vendor: PROPAC, ENC 2401Q2
9 � P�rimary Contact Phone
N�mbers �nly, no symbols �r spaces (�x. $fi6839�477). The system will a�tc�-popu�ate yc�ur entry with corvtrr�as
once su�mitted which is �pprapriat� and �xpected (Ex. 8,668,398,4i7}_
PI�a5e pro�ide fhe �ccur�#� and currer�t phcne number where the individual wi�o will be primarify respon�ibfe for a!!
iIPS mati�rs and inquiries fo� tf�e duration af t4�e cc�r�tract can be reached directfy.
8003453036
1 Primary Cantact ��c
o Numbers only, no symbals or spaces (�x. 566839$477). Th� systerrt wii! auto-pa�sulate yo�sf er�try v,ritl� cornmas
once submitfied which is appropriate and expected (Ex. 8,668,398,477).
-1
�rirr�ary Contact Mobil�
Numbers only, no symbals ar spa�es {Ex. 8668�9847i). The system will auto-populate your er�try with commas
ance submitted which is appropriate �nd �xpecteci (Ex. 8,668,3�8,�77).
..�
1 ��condary Gontact IV�rr��
� Please identify the individual who wil! be se�ont��rily r�spon�ible far a!1 �IPS rr�att�rs and inquiries for the duration
of fhe c�ntrac#.
Su�an Risher
� 5�candary Confact Title
� Seeandary Gontaci Title
CFO
1 �econda� �c��€ta�t �rnaii
�' Please enter a valid email adclre�s that will definitely r�ach the Secorrdary Contact.
prQp�c�propacusa.c�m
1 �econda�-y Cor�t�ci �hor►e
� Numb�:rs anl no s tnbols oe s aces �x. 866839�§�l77 . 7he s�tem will au#o- o ufate our �nir with cor�mas
Y� Y P t ) Y P P Y Y
once submitted which is appropris#e and expected (Ex. 8,66i3,398,477).
Please provid� the accurate and current phone r�umber vvt�ere t�e individual who wiil be secondarily r�sponsib{e
for all TIPS matters and +nquisies fios tl�e dusatiar� of the contract can be re�ched directly.
8433080994
1 �ecor�c�ary Conta�t F�x
�` Rlurnbers oniy, no symbois or spaces (Ex. 8�fi839$�77). 7he system �nrill auto-paQufate ynur entsy vasth �c�s�r�na�
once submitted which is apprapriate and �xpect�:d (E�t. 8,668,3�£3,477}.
No response
1 S�condary Cor�ta�t IVIobile
7 Numb�rs onl no s mbols or s aces Ex. 8668398�77 . The s ster-n o�a€li auto- o ulate our �r�t with comrr��s
Y, Y P t ) Y P P Y �'
ance submitt�d which is appropriate and expected (Ex. 8,665,398,a77).
No r�spons�
Page 6 0# 31 pages Vendor: PRQPAC, fNC 24(17Q2
1 As�r�inistration Fee Confia�c� I��m�
� Please idet�tify the i�di�idual wh� wiil be re��onsible far all paym�nt, accounting, and oth�r makters related t�
V�ndor's TlPS Administration Fea due to TI�'S for the d€arati�n of t�e cc�n#rac�.
Susan Risher
1 A�dministration Fee Gontaci Email
� Pleas� er�ter a valid email ac€dr�ss that will defiinikefy r�ach the Administration Fe� Gc�ntact.
srisher@��opacus�.com
2 Admir�istration �ee Cc�ntact Phr�n�
o Nurr�bers only, no syrribols or spaces (Ex. 86fi83g8477). The system wifl auto-populate yaur er�try with �ommas
once subrriitted whi�h is appropri�te and expe�fed (�x. 8,6��,39�,�77}.
�433080994
2 Purcha�e Order a�d Sal�s C�r��aci Name
� Please id�ntify the individual wh�a wifl be respon�ibie for receivin and roce�sin
� p g purchase orders and ��les uncfer
the TIPS Contract.
Liz Rosenburg
� P�rc�ase Orc��� and Sales Contac# �rna�il
z Please enter a valid email address that will definitely reach the Purchase Order and SaEes Contact.
propac@propacu��.�c�m
2€�urchas� Order ar�d Saies �caniact Phone
� Numbers onl n� s mbois or s aces Ex. 8668398477 . The s st�rn will auta- o ulate our entr vuii�r cpmmas
Y° � � � ) Y P P Y Y
once submitted which is appro�riate and expected (Ex. 8,668,39�,477}.
8DQ3453036 I
� Compar�y Vlfeb�i#�
4 Company Website (Format - www.cornpany.com}
https:l/propacusa.com/
2 Entity �1�IA's anci Assurri�d Nam�s
� YQu must confirm that you are responcEir�g to t�is solicitation �nder your I�gal er�t'sty narr�e. Ga now to your Suppiier
Profile in this eBid System and cor€firm t�at your profile reflecks your "'Lega� Nam�" �s ]t is listed on your ltV9.
In this question, please identify all of y�ur entity's assumed names and D18{A's. Pleas� note that y�u will be
identified pu�iicly by the Lega] t�arne ur�ei�r which you respond to fhis solicitation u�less you orgartize othenruis� with
TIPS a#ter award.
No response
2 �'rimary Ac�dre�s
� Primary Address
246� Air Park Road
2� Primary Addr��s �"rty
Primary Address Cify
idorth Charlaston
Page 7 of 31 pages V�ndor: PROPAC, INC 240102
2 Priet�ary �ddres� St�te
� Primary Addre�s atat� �2 Digit Abbreviation)
SC
� �rimary .Ac3dre�� Zi�
� Primary Address �ip
294D6
3 Search �tllord� Identifysn� i�endor
� Pl�ase I�st all s�arch vvords a�d phrases to b� inci�d�d in the TIf�S databas� related to �our sntity. Ao r�rat list
words which are not associated with th� �aid categarylscope (See bid title for generaf seo{�e). This wilf help �sers
find you through the TIC'S vveb�ite searc4� f�ss�ctian. You may inciucie product nam��, m�nufiac#urers, specializ�d
services, and other word� as�ociated with t�e scope of this solicitatian.
Cots, blarrke#s, water, emerg�ncy #ood, mre, traiiers, hygiene kits, go bag�, c�rt, special n��ds cot, inflatable tent,
tent, backpack, kit, flashlights, generator, airliqht, �ts�p the �S4eed
3� C�rtifi��ti�n of Olendor R�sfc��ncy (F��quire� by the �tak� �# Tex�s)
� I�oes Ver�dor's par�nt company or majority owner:
(A) have its principai p�ac� of busine�s in 7�ex��; or (�) employ at iea�t 500 persans in Texas?
Texas �ducation Code Section 44.031 requir�s that this infarmatirsn be consider�d in evaluation for certair�
contracts. However, Vendor response d�es not aff�ct point�, scorir�g, c�r potential award.
No
3 Vendor�s Princi�af Pl�c� af Business {C�t�i
� In what ci#y is Vendor's princip�f place c�f �usiness loc�t�d?
No�th Gharlestan
3 V�ndor'� Principal Pla�� of ��asi���s �S�ate�
� In what sfate is Venclor's principal pl�ce of ]�usin�ss locat�d?
SC
3 Vencinr'� Years in Business
4�fow many years h�s the busin��s su�rnitti�g ihis proposal bee� operatin� in its current �apacity artd field c�f wQrk?
35
3 Certification Reg�r�ing �r�tire �'IPS Agre�rrier�i
� Vendar agre�s tf�at, if awarded, Vendar's #inal ilPS C:ontract uvilt corssyst of t�e pres�isians set #�rth �n the finali�ed
TIPS V�ndor Agreement, V�ndor's resp�nse� to these aftribute questions, �nd: (1) ThE iIPS solic[tation docurr�ent
resulting in this �1gr�ement; (2j Any add�nda or clarification� i�su�d it� relation i� the TiPS salicitatian; 4�} �,I!
solicitati�n information provided to Vendor by TIPS through the TlPS e�id Sysi�rr�; (3) Vendor's eRtire pro�as��
response to the TIPS solicitatian inefudi�rg all accepted r�quired attachrr�ents, acknowledged natic�s and
cert�fications, accepied negoti�#ec# t�rms, �ccepted pricing, a��ep�ed resp�nses to questions, ar�d aceepted wrifiter�
ciarifications of Vendor's proposal, and; any prop�rly included attachments tea th� TfP� �onfract.
Does Ver�dor agree?
Yes, U��tior agree�
Page 8 of 31 pages Vendor: PROPAC, INC 240102
3 Minimum �'ercent�g� �iscvur�t dff�red t� TiPa iUl�mb��� or� all �v�ds �nc� ��rvice� �RE�C�
� CAREFIlL�In
Ple�se r��d thar�u ht �n� careful[ a� �t� �r��r on c��r re� �sn�e can r�rsder c��r c[�rttraGt arr��rci
unusab�e.
TIPS Mernbers often turn to TIPS Contracts for ease af use and to receive discounted pricing.
Whaf is the minimum percentage discount that ynu can offer 71PS Members aff of all goods and service
prfcing (whether offered through Pricing Form T, Prrcing For►�t 2, or r►t another accepfed format) that yau
affer? Only limifed goods/services sAecrfically idenfif�ed and excluded fram this discount in Ve�rdor's
origina! proposal may be excfud�d from this discount.
Vendor must r�spond with a perc�ntage from 0%-100%. The perc�ntage discourtt that yo� input below will be
applied ta your "Catalag Pricing", as defined in the solicitation, for alf TIPS Sales made during khe life of th�
contract. You cannot alter Ehis percentage discount once the solicitation legalfy closes. You wiEl alw�ys be required
to discount every TIPS S�le by tY�e percentage included below with the excep#ion of limited goodslservices
specifscaily identified and ex�l�rded frorn this discount in Vendor's original proposai. if yo� add goods or ser�ices to
your "Catalog Pricing" during ti�e life af the contract, you will be required #o sell those new items with this discount
applied.
�xample: In this example, you enter a 90% minimum percentage discount belaw. �n year-one of your TIPS
Cor�fract, your put�lished "Catalog Pricing" (websitelstorelpublished pricing) far "Tablet A" is $100 and for "Tablet
5et-Up Serviee" is $� Q�. ln this exarnple, yo� must se41 thase sterr�s under the TIPS Contract at tf�� proposed 10%
discounted price of: "Tablet A" -$90, "TaE�fet Set-Up Ser�ice" -$90_ ln year two of your Tlf'S Contraci, you update
your °Catalog I'ricing" with the market_ You add "Tablet B" to your "Catalog Pricing" for $200 and have increased
th� price of "Tablet A" to $110 ar�d the price of "7ablet Set-fJp 5er�ice" to $110_ ln this exam��e, afker fhe °Gatalag
Pricing" update, you must still sell thosa items under the 71PS Contract at the pro�osed 10% discounted price
of: "TablEt A" - $99, "Tabfek Set-Up Ser�ice" - $99, and "Tablet B" - $180.00.
With the exception of limited gaods/ser�ices specifically identified and excluded from this discount in Vendor's
origin�l proposal, if you c�nnot honar the discouni on all goocis and items now �ncluded or whfch may be added in
the fukure with certainty, then you should offer a lesser discaunt percentage below.
lrYh�t is t�r� rninimurr� p�rcer�f��� alfscc�ur�t #frat you �,�n offer TIPS M�rr���rs off of aif �oods ��d s�tvice
pricing (wPref�cr offered through Pricitzg Forat� 1, Pricr"�t� Forra� Z, or in �s��fh�r aecepfed f�rmaf} th�t yoU
a ffe r?
FJ%
3 Nonaring Vend�r's Min�mum i��r��nta�e Discca�r�t
7 Vendor is asked in these Attribute Questions to provide a Minirrt�m Percenfage Discounk offered to TIPS Members
on all gaods and serv�ces sold under the TIPS Contract. Points will be assigned far your response and scaring of
you� proposal wilE be affected. A"YES" answer wilf be awarded the maximum 10 points and a"NO" answer will be
awarded Q points.
�oes Vendor agree to honor ihe Minimurr� Percentage �iscount off of t�eir TIPS "Catalog Pricing"' that Ver�dor
proposed for all TIPS Sales made for the duration of the TiPS Contract?
Ye�, Vendar agr�es
3 V�I�me and Additianal €�is��unts
��n additi�n to the Minimurn Perc�ntage Discaunt propased her�in, does V�r�dor e�er expe�t and intend ta a�fer
additior�al, greater, or voiume discounts tQ �1P5 Members?
Paint(s) may be assigned for yaur res{�anse in the category af "Pricing" during scoring and evaluafiion.
Y�s
Page 9 pf 31 pages Vendar. PR�PAC, lNC 240i02
� I"�atal€ag Pricing" and Pric�r�c� Ft�equir�m�r�t�
g This is a reauirem�nft of th� T1P: Cor�tract,anc! is nc�r�-n��cstiable.
fn tl�is solicitation and resulting contr�ct, "Catalog Prscing" shall be defined as:
"The then availabl� list ot goads or seruices, in th� most current listing reg�rdless of date, tha# takes the form of a
cataing, price lis#, pric� sch�dul�;, sh�ff-price or �iher viewable fir�rmat thak:
A. is regularly rnain#ai�ed by the rr��nufaciurer or Ven�c�r af an item; and
B. is �ither published or �therwise available for re�i�uv by TIPS or a customer during the purchase pracess;
C. ta which the Minimum P�rceni�ge Qiscount presposed by the proposing Vendor may be appli�d.
If awarded on thi� TlPS Contract, for the duration of the contr�ct, V�ndor agr�es ta provide, up�n requast, th�ir
#hsn current "Catalog Pricing." O�, in I€r-r�ited circumsiances ►n�here Vendor has propased tt�e �'ercenta�� Mark-U�
rne�hod of pricing ir� this pr�posal, proof of 1/endor's °'cost" m�y b� acce�ied by TfF'S in place of c�talog pricing.
i�ES
��3CCE�TIQNS & DE1/fATI�NS TO �IPS �Tdj►�V�AR[) i�6�l4�� AN� C�NdIii�MS
� Vendor agrees th�t, if awarded, Vendor's final TIPS C�antract will cansist o� the psovi�icn� set farth in the finaliz�d
T!F'S Vendor Agreement, Vendpr's t�esp[�r�ses to the�e �ttribute questions, and: (1) �`he �EPS strficitation document
resulting in this Agreement; {2} Any addenda or ciarifications issued ir� relation to the TIPS solicitation; (�J All
soficiiatic�n inform�tion pro�ided ta Vendor by TIPS through th� TIPS eBid 5yst�rr�; {�j Vendnr's entire proposaf
respor�se to the TIP� salicitation including all accepted required attac�3rnents, �ckno�rrE�dged nc�tices and
certifications, acce�fed negoiiated t�rms, �ccept�rl pricing, �ccepted responses to questions, and �cc�p£�d written
clarif�cafions of Vendor's proposal, and; any proper{y incluoied attachrr�ent� to the T�PS Contract. In ih� event of
conflict b��w�en the t�rms t�f th� fin�liz�d Vendas Agreement and on� afi t1�e incorparaf�d d�cumersts the ��rms and
conditians which ar� in the b�st inierest of governmentallqu�lifyir�g nc�r�-prafit TlF�S Members shafl �onfrol �t TIPS
sal� discretion.
li Vendor respo�ds, "Np, VendQr does not agree" to this Attribufe, after th�s soliciiatian I�gal[y closes and 7�IPS
�egins eval�ating V�ndor's file, T[PS �ill provicle Vendor with a draft VVc�rd Document �ersic�r� oi the Vendor
Agreemenf and will be instst�ctec� to ir�ci�stic� al� reque�t�d n�gotiations as r�ckfine edits for T1P� cor�siderati�n. This
is the only proper �vay ta submit proptased de�iations for TlPS ccansider�kion. Ti�S reserv�s ti�e right to accept,
decline, �r modify Vendor's requested �egotiated terms. Far tttis reaso�, �nsw�ring "No, �J�s�c�or daes not agree"
rnay ultirr�ately del�y or pre�ent award.
C}oes Vend�r agree w�th TiPS standard terms and conditic�ns as presented in tha �IPS solieitation documen# (RFP,
RCSP, R�Q, or oth�r} and ihe iIS�S V�n�or Agreem�nt dQc�m�nt?
1'a�, Vendor agrees
Page 7� of 31 pages Vendor: PROPAC, INC 240102
� T1PS iales R�po�ing �e�u�r�rn�r���
� ihi� is a r�quirernent of fhe T'IP� Cor�iract and i� r¢on-negotiabie.
By submifiting this proppsal, V�ndor ceriifies that Vencior wilf prop�rly r�port ali T1PS �ale�. 114/ith the �xception of
TIP� Automaked llendors, who ha�e signed a� exclusi�e ag�e�ment witF� T�FS r�gar�ing reporting, af! T1A� Sa1es
must be r�port�d te+ TIF�S 6y eit�er:
(1) Emailinc� the purch�se order or sirr�ilar purcha�� docu�ent �wit1� `/�ndor's 4�arr�e, as ks�a�srn ta T4�S, and t1��
TIPS Contrac# Name and Nurr�ber incl�ded) ta TfPS at tipspo@tips-usa.com witi� "Confirmation C�nly" in the subject
line ofi the email within fhree busin�ss days af Vendor's acce�tance of tF�e order, or;
t2) Within 3 business days of the order being accepied by Vendar, Vendor rnust login ta th� iIPS Vendor Portal and
suCcessfulfy s�lf-re�ort aEl n�cessary �afe information within the Vendor Portal and confirm that it shc�ws up
accurateiy on yaur c�rrent Vendor Porta! stater��nt.
No other m�thod of reporting is acceptab[e unl�ss agre�d to by ti�e Parties in wriiing. Failure #o repart alf sales
pursuant ta this provi�ion may result in immediate car�ce!lation af V�ndor'� TIPS Contract(s) for c�use at TfPS' �ole
discretion.
4 TiPS Acirnir�i�tr�ti�a� Fee RequBremenfi anri �ckr���l�d�€���t
� This is a requirem�r�t af th�'Tf�S �ca�gract and is non-n�gcstiab�e.
The collecti�n of f��s by 1�IC'S, a governr�ent er�tity, �or perforrnance af these procurement ser�i�es is r�quired
pursu�nfi to Texas Govern�n�nt Code Section 791 _01 1 et. seq. The �IPS Administ��fian Fee is tt�e amount leg�liy
owed by Vendor to TIPS for TIPS 5afes made by Vendor. The TiPS Administratian Fee arr��runt is typicaliy a set
perc�nfage nf each TIPS Sale l�gaily d�� to iIPS, but the �xact TIPS Administration Fee fc�r this Gt�ntract is
p�blish�d in the carresp�ndissg RF� or RCSP docum�nt. �fPS Administratic�n Fees are du� to TIPS imm�diateiy
upon Vendvr's receipt of paym�nt, including partial payment, fe�r a TfF�� Sale_
By submitfiing a Qraposal, VendQt agre�s that it ��� re�d, understas�ds, anti agrees ta fihs published TIPS
Administration Fee amount, caiculation, and payrri�nt requir�rr�ent�_ �y su�mit�ing a propasal Uendcsr fiurther
confirms that all TIPS Pricing includes the TIPS Adminisfiration �ee and Vendor will not shaw adding the TEPS
Adminisiration Fee as a charge or line-item in �ny TIPS Sale.
4 T€�S M�rnber Acc�s� �o Vendmr Prc��sosaf & �o��rr��r�t�ti�r�
� This is a r�quiree�n�nt csf th� TIP� Contra�i �nd is non-n�g�tiaf�a�.
Notwithstanding �r�y other inforrr��tion provided in t�is solicita�ion orl�endor designation of certain dacurn�niation
as confiden#ial or propraetary, Vendnr's submi�sion of this prca�aQsal constitukes 1/�ndor's express co�s�r�t to the
disclosure of Vendor's con'rprehe�tsive propasal, in�Euding any informaiion deemed confid�ntial or proprietary, t�
Ti�� ll�errtt��r�. The proposir�g Vendor �grees that TIPS shall not be responsible ar Ei�ble f�r any use car
distributiort of inforrrtatir�n or documentafior� to 71PS �emb�rs or by TIPS Me�n�ers. �3y subrr��tting this praposal,
Vend�r certifies the f�r��oing.
Page 11 af 31 Qages Verrdor•. PROPAC, 1NC 240102
4 I Non-Collusive Bidding Certificate
4 This is a requirement of the TIPS Contract and is non-negotiable.
By submission of this proposal, the Vendor certifies that:
1) This proposal has been independently arrived at without collusion with any other entity, bidder, or with any
competitor;
2) This proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the opening of bids,
or proposals for this project, to any other bidder, competitor or potential competitor:
3) No attempt has been or will be made to induce any other person, partnership or corporation to modify, submit, or
not to submit a bid or proposal; and
4) The person signing this bid or proposal certifies that they are duly authorized to execute this proposal/contract
on behalf of Vendor and they have fully informed themselves regarding the accuracy of the statements contained in
this certification, and under the penalties being applicable to the bidder as well as to the person signing in its
behalf;
4 I Antitrust Certification Statements (Tex. Government Code § 2155.005)
� This is a requirement of the TIPS Contract and is non-negotiable.
By submission of this bid or proposal, Vendor certifies under penalty of perjury of the laws of the State of Texas that:
(1) I am duly authorized to execute this proposal/contract on my own behalf or on behalf of the company,
corporation, firm, partnership or individual (Vendor) identified herein;
(2) In connection with this proposal, neither I nor any representative of Vendor has violated any provision of the
Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15;
(3) In connection with this proposal, neither I nor any representative of the Vendor has violated any federal antitrust
law;
(4) Neither I nor any representative of Vendor has directly or indirectly communicated any of the contents of this bid
to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the
same line of business as the Company.
4 I Limitation on Out-of-State Litigation - Texas Business and Commerce Code § 272
s This is a requirement of the TIPS Contract and is non-negotiable.
Texas Business and Commerce Code § 272 prohibits a construction contract, or an agreement collateral to or
affecting the construction contract, from containing a provision making the contract or agreement, or any conflict
arising under the contract or agreement, subject to another state's law, litigation in the courts of another state, or
arbitration in another state. If included in Texas construction contracts, such provisions are voidable by a party
obligated by the contract or agreement to perForm the work.
By submission of this proposal, Vendor acknowledges this law and if Vendor enters into a construction contract
with a Texas TIPS Member under this procurement, Vendor certifies compliance.
Page 12 of 31 pages Vendor: PROPAC, INC 240102
4� i�eq�ir�d Cor�fid�ntiality Cla�m Fcssm
7 This is a requirernent �f th� TIPS Cvntract and is �o�-r�egot�abie.
TIPS provides th� required TfPS Gonfiden#iality Cleirr� Form in the "Attaci�ments" s�ction of fhis salicita#ion. Vendcar
rnusk execute this form by e�ther signing and �raiv'srsg any c�nfidentsal'sty c�aim, ar ciesignating portior�s of Vendor's
propo5al confid�ntial_ if Vendor conside�s any portian of Vendar`s propasal #o be confid�ntial and nof subject to
public disclasure pursu�nt to Gh�pter 552 �e�eas Gov'fi Code or other l��nr(s) and ordefs, Ver�dor must h�ve
identified fhe claimed conficierttial m�terials thrpugh proper executian a€ the Gonfidentiality Cl�im Farm.
I� TIPS receives a pubiic infiorrt�a�ion aet ar similar request, �ny respansiv� documentation nat deemed ccanfidential
by yau in this manner v�iV1 b� autom�tically released. For Vendor documents deerr�ed conficlential by you in this
manner, TfP� will follow procedures of cantroUing �tatute(s) reg�rding any claim ot c�nfid�ntiality and shall not b�
I�able �or any rele�se of informatiar� sec�taired by law, inciudin� Atitorney Gen2ral de�ermination and opinion.
�Jot�nrithstanding any other Vendor designatic�n af VendQr's proposal as confsder�tia4 or psGprietary, Vencior's
submission af this prc�pasal constitute� Vendor's agr�err�ent that praper execution nf the required TiPS
Con�dentiality Clairn Form is th� �nly way ta assert any por#ian of Vendor's proposal as conf9cfential.
4 � Nc�r�-�is�riminati�n �iater��nt ar�cf Cer�i�ication
� 7his is a r��uir�rnent af the 7'I�� Cc�ntract and is nan�rr���tiaksi�.
In accordance with Federal civil rights law, all U.S. Departments, inGuding but not limited to the USDA, USDE, F�MA,
are prohi�ited from discrimir�ating based on race, color, national �rigin, religion, sex, gender identity (including
gende� exp�essias�}, sexuaE orsenfation, disability, age, marital status, famiEylparental status, income deri�ed from a
public assistance program, paliticaf beliefis, or reprisal or retaliation for prior civii righfs activity, in any program or
activity conducted or funded by federal funds {t�at a!I bases apply to all progsams}.
Vendor certifies that Vendor will camply with appiicable Non-�iscrirr�ination and Equa! Opportunity provisions set
farth in TIPS Member Gusfomers' policies ar�d Qther regulations at the locaf, state, and federal leve4s of
governments.
0 Yes, I certify
4 I Limit�ii�n of Vendar ir�demr�ifi�atinn and Simil�r Ciau�e�
� This i� a requiremen# cs# the 1"IP� C�ntract �nd i� rson-r�e�otiabl�.
TiPS, a department nf R�gion 8 Educakion Ser�ica Center, a palitical subdivision, and local gt�vernrnent entity af fhe
�tate af �ex�s, is prohibited #rom indemn�ifying third-parties (pursuant to the Article 3, Section 52 c�f the Texas
Constitutior�) excep� as oth�rwise specifically provided it�r by law or as ard�red by a cour# of comp�tent
�urisdic�ior�. Article 3, Section 52 af the 1'exas Constitution states that °no deY�i sh�11 be cr�aied by or on behalf af
th� State ... " and the Texas L9ttorney Gen�ral has opined thaf a con{racivally imposed obligation of inctemnity
creates a"d�bt" in the canstitutiflnal sens�. �ex. Att'y Gee�_ Op. No. MVV-475 (19�2�. T�us, contract clauses which
require T1PS to indemnify Vendor, pay liquidated damages, pay a�torn�y°s f�es, wai�e Vsndor's liabiii�y, or waive any
applicable st�tute of limitatians must be d�feted or qualified with "to the �xtent perr�nitted by fh� Canstitution and
Laws of th� State of Texas."
�oes OJendor agre�?
� Yes, i Agree
Page 13 af 37 pages Vendor; pRQPAC, INC 2409a2
5� Alternative �i��u�e Reso#ui��� Lirr�i�a#ions
�"Chis i� a requireme�t of ##�e 71PS Co�tract and is narr-negatiabi�.
TIPS, a departmeCtt of Region 8 Educat€on Service Cent�r, � poiitical subdivision, and Iacal government entity of fhe
State of Texas, dc�e� nQt agree tca bis�ding arbitrati�n as a remedy to d�spute ar�d no such pro�isivn sh�ll be
permitted in this Agreement vrith TIPS. Vendor agrees that a�y claim arising out of or related #o this A�reemen#,
exc�pt those specifically and expressly wai�ed ar negotiated Fnr�thin khi� Agreement, may �e ss�5}�ct to non-binding
mediat€on at the req�est of eikher party to be conducted by a mutually agreed upr�n mediat�r as prerequisite fio #he
filing Qf any fawsuit arising out of ar rel�ted ta this Agreement. Medi«tidn shal! be f�eld in either Camp nr Titus
County, Texas. Agre�ments r�:ached in mediation will be subject to th� appro�al by the Regian 8 ESC's Bo�rci of
Directors, authorized signature of the Parties i� appraved by the Board qf Direc#ors, ancl, Qrtce approued by the
Board of Directors and pr4p�rly signeci, sha11 thereaf#er be er�farceable as pro�id�d by the laws of the S#ate c��F
Texas.
�oes Vendor agree?
Yes, Vend�r agrees
5��!� 1iVai�er of TIP� Immur�i�y
1 This i� � requir�ment e�f th� TI�'S �c�rairact anci i� non-negoti�k���.
Vendor agrees that r�othing in ti�is Agreement shall be canstrued as a waiver of sr�vereign or go�emmen� immunity;
nor constitute nr be construed as a waiver of ar�y o# the privileges, ri�hts, de�enses, rers�edies, or immunities
a�ailable ta R�gion 8 Education Service Center or its TIRS Department. The failure to enforce, or any d�:lay in the
enforcement, of any privileg�5, rights, defense5, remedies, or fmrrtunities availabfe to Reginn $ Eciucation Service
Center or its T1F�5 Departmertt under this Agreement or under applicable law shall not constitute a waiver of such
pri�ileges, rights, d�fenses, remedies, or immunities or be consicfered as a 6asFs far estappel.
Does Vendor agree?
0 Yes, Vendor agrees
5 � �ay�nent Term� a�c� Funding �ut �l�use
� This 'ss a requir�men� af the T1R� Contract �nd is nar�-negofiiable.
0lendor agrees that TIPS and T[PS tvlemt�ess s�sall �at be lsa�le for int�res� or I�t�-payment fiees on past-du�
�afances at a r'at� higher than perr�itted i�y th� [aws or regul�tions of the jurisdiction of the T'IP� Merrsber.
Fu�c�ing-Out Clause: Vendor �grees to abide by ti�� applicable Eaws ar�d regulations, including 6ut not limi#ed ta
7e�as i�ocal G�o�ernment Code § 2T1 _903, or any other siatutory or regulatory limitafion of #he jurisdictior� of any
T1PS fVlerr�ber, whic� �equires th�t contracts approv�d by TIP� or a TiF�S Member are subject to the budgeting and
apprapriation of cur�'enily a�ailable funds by the entity or its go�ernir�g body.
[]�es Vendor agree?
� Yes, Vendor agrees
5 C�e-t�ficatia� Regardir�g Prohibition of Cert�in Terroci5t Organizati�n� �iex. Go�r. Cade 2270}
� Vendor ce�tifi�s that Vendor is not a campany ider�ti�s�d on fihe `�exas CarnptrQ4ier's list of carr�panies known tq na�e
contracts with, or pro�ide supplie� or services to, a foreign arganization designated �s a Foreign Terrorist
Qrganization by the U_S. Secretary of State.
Do�s Vendor certifiy?
Yes, Vendor certifies
Page 14 pf 31 pages Vendar: PR�PAC, INC 24q102
5 Certifeation Re��rciing P�c�t�ib"stss�n o# Bflycc�ttit�g 6sr�ef (�"ex. Gca�. God� 227�)
� If (a) Ver�dor is nat a sale proprietarship; (b) Ve�dor has ten {1Q} or more f�rli-time er�ployees; and (c) this
Agre�men� or any agr�ement with a TIl�S Member under this prncures�ent has value o# $1(3(l,Q4Q nr more, the
following certificatian shali apply; otherwise, this certification is not required. Vendor ceriifies, where applicabEe, that
nei#her the Vendor, nor any affilia#e, sub�idi�ry, or parer�t campar�y of Vendar, if any, boycatts Israel, and ll�ndor
agrees t�at Vendo� ant� Ventior Companies will n�t b�ycot� Israel durinr,�. the term of ti�is Agreement. For purposes
of this Agreement, ths term "b�ycatt" shall mean and include refusing ta deal v�i#h, termin�iing business acti�ities
with, or atherwise tak�ng any ackipn thaf is intended to p�nali�e, inflict ecanomic harm on, or limit commercial
relaiions with israel, or with a person or entity doing business in IsraeJ ar in an Isra�l+-contrplled territory but daes
not inciude an action made for ordinary business purposes.
When applicable, doss Vendor ceriify?
Yes, Venc�or certifies
5 C��°tificat�o� R�g�rding Prohibition o# �an#ra�ts with �erta�in �e�r�ign-�wr�e�d ��mpan��s (Tex. Gc�v_
� Cod� Z�34}
C�rtain public erriiki�s �re prohibited from �ntering ir�to a cantract or other agreem�r�t relating to critical
in'frastructure that �nrcau6d gras�t Ver�d�r dsr�et or r�;rs�ote access to or controf ofi crit�icai infrastructure in fihis state,
excluding access specifiic�lly allt�wed by a customer for producf warranty a.nd s�appart purpos�s.
Vendar cerkifiies that ne'ither it nor its pare�t cc�mpany nnr any affilfat� of Vend�ar ar its par�nt e�mpany, is (1) owned
by or the rr�ajority of �tock or oth�r own�rship interest o� the com�ar�y is heid or cantrolled by indiwiduals vvho are
citizens of China, Iran, North Korea, Russia, or a designated cauntry; (2) a company or o�i�er ent+ty, includir�g
governmental �ntify, that is owr�ed or controlled by citizens of or is directly cdniralled by ihe gaverr�m�nt af China,
Ir�n, Nortf� Karea, Russia, or a designated cc�untry; or (3) headquartered in China, lran, Norfih Kor�a, Ru�si�, ar a
cf�signated courttry.
Fcar purposes of this c�rtification, "critical +nfrastructure" rneans "a cor�municatinn infrasfructur� system,
cyberseeurifiy system, �:leciric grid, hazardc�us �rasie #reatmen� �yst�m, or wat�r treatment faciii�y." Vendnr cer�ifies
that Vendor wifl not gr�nt cfirec# or r�mnte access to or control �f �ritical ir�frastructure, except for product a�r�rranty
and support purposes, ta prqhibited individuals, cornpaniss, �r entities, including gnvernrnent�l entities, o�ned,
controlled, or h�adquartered in Chirta, Iran, North Korea, Russia, or a designa#ed cauntry, as deterrr�in�;d by the
Governor.
When applica€�le, does Vendor certify?
Yes, Vendor cer#ifies
Page 15 of 31 pages Vendor: PRQPAC, lNC 240102
� Certificafion Reg�re�ing F�r�hibition �f I�iscrimir�a#ic�n �gain�t Fireart� and �m�+�niii�r� tr�dus�rie� (Tex.
� G€�rr. �ode 22i4j
If (a) Ver�dar is nof a sole proprietorship; (b) Vendor h�s at least ten (1{�) fu€i-time employees; and (c) this
Agreemen� or any 5u��lesnentaR Agseement with c��tain publ'sc entities have a �aiue of at feast $100,D00 that is.
paid whally or partly from public �unds; (d) #he Agreern�nt is not exc�pted under Tex. Go�_ Code 2274 and �e} th�:
purchasing public en#ity has determined that Vendar is nat a sole-source provid�r or the purchasing public en#ity
has not received any bids from a com�any that is at�Re to pro�rid� this vvritten v��i#'sc�ttion, the fa�lowing certification
�hall apply; otherwise, this certi�ication is �€ot required.
Ve�dor cer#ifies tYt�t Vendar, or assaeiation, c�rporation, partnership, joint �enture, limited partnershtp, limited
liability parfnership, or limiied liability campany, inclucfing a wholly ovsmec! subsidiary, majority-owned s�bsidiary
parent campany, or affiliate of fihes� enti�ies or associatians, that exists to rnake a prafit, does nat hav� �}�ractice,
poficy, guidar►c�, ar dir�cti�e thaf discrimir�ates a.gainst � firearm entity or firearrn trade �ssacia4ion �r�d will not
�iscriminate duri�g t�e term a� this co�tract against a firearm enfity or firearrr� trade �ssociation.
For purpases of this Agre�ment, "discriminate again�k � firearm entity or fsrearm trade association" shail rne�n, with
respect to t�e entity or �sso�iation, to: "(1) refu�e to engag� in the trade caf any go�ds or s�rvices with th� entity or
�ssoeiation b�s�d solely on its status as a firearm enfity or firearm trade as�ociation; (2} refrain fram continuing �n
existing bu�iness rela�i�nship wi#h the �ntity or assaciatian basec! �olely a€� its �ta#us as a firearm entity ar firearm
trade association; c�r (3} terrs�ir�ate an existtng b��in�ss reiatian�hip �rith fi.he er�tity or as�ociat'son based saleiy on its
status �� a firearm entity nr firearm trad� associatian."
"Discrimination against a firearrr� entity or f�rearm trade association" dpes nat ir�c4�sde: "'(1 } th� establish�cf pc�lici�s
of a merchant, retail �ell�;r, ar pl�t�nrrn that restrict or prahibit the iisting or sellir�g of ��rr�unition, firearrns, or �irearm
accessorie5; and (2) a company'� rcfusal ta engage in tf�e trade ofi any go�ds or services, d�cisifln fio refrain frflm
continuir�g an exi�ting busin�ss relationship, or decision to t�rrnin�te an existing husin�ss reiatic�nshi� to com�4y
with fi�derai, state, or local {aru, pe�iicy, or regulatinns or a dir�ctiv� by a regufatory agency, or for any traciitional
business reason th�t is sp�cific io the customer �r potential custc�msr and nat based soiely qn an entity's or
associatian'� status as a firearm entity or firearm trade assp�iation,"
When appiicable, does V�ndor certify?
Yes, V�ndor ce�iifie�
����kifica4i�n R�garding Termination v# Contract for Non-C�r�pliar��e ��"�x. t�aw. C�r�� �5�.374)
� If Vendor is s�at a gov�;rnm�ntal body and (a} this Agre�ment or any 5uppiemen�al Agre�ment with a p�bli� �ntity
has a stated expenditur� csf at least $1 million in public funeis f�r the purch��e of g�cads or services by cert�in pubEic
entities; or (b) fihis Agreemerrt or any �upplementaf /�gr�er�ent resufts in the expenditure of at least $1 milEion in
public funds for the purch�se af gaods csr services by certain pu�4ic ertt'sfies in t1��ir fis��4 year, fihe tollowing
�ertificatic�n shali apply; otherwise, this cerfification i� not required.
R5 �equired by iex. Gov. Cade 552.374, the fnl�owing statement is incfuded in fihe RFP and the Agreemer�# (unless
the �greement is (1) relatecE tt� the purch�se or und�rwriting of a public security; (2) is c�r may be used as colfateraf
on a loan; or (3) praceeds from which �r� used to pay deb� service af a pubfic security o� �oan): "The requsrements
of Subchapter J, Chapter 552, Go�ernment Code, may appiy to this solicEf�tio� �nd Agreement and #he V�ndar
agrees that this Agr�er�ent �nd any app�icabfe �uppl�rnental Agreerner�t can be terr�zinated if Vendor kr�owingly or
inientionally fails to corv�ply with a requirernent of thaY subchapter."
Pur�uant io Chapter 552 of the Texa� Gave�nm�nt Code, Vendor certifies that Venclor shalf: (1 } preserve all
contractirtg infarmation relatecE ta this Agr�ement �s provic��d by th� records reten#ion requirement5 appli��ble to
TIPS �� the purchasing TIPS Member for the duration ofi �he Agreement; (2) prc�mptly pravide ta TIP� or th�
purchasir�g TIPS Member a�y contracti�g 'snfosmation re4ated to tt�� Agreer��nt that is in tY�e c�stcady nr possession
of Vendor �n requ�st of TIPS ar the purch��ing TIPS M�mb�r; and (3) an completion of the f�greement, eifher (a)
pro�ide at r�a cost to Tlf'S or ihe purchasing Ti�� Member alf contracting infarmation relaf�d to the Agreem�n� that
is in the custody pr possession of Vendor, ar (b) pr�sRrve the contracting informatic�n rela�ed t� the Ag�eement a�
prc��ided by the records retsntion requirements applica�i[e to TIPS or the purchasing �IPS M�mber.
When app�icable, dc�es Vendor cert�fy?
Yes, Vendor certifies
Page 16 of 31 pages Vendor: PROPAC, 4NC 24�1D2
� G�r�ifica�ic�n Reg�r�ling Pro�i�itiaan �f �o}�c�#ting Certa�n �,��c�� Companies (Tex. ��v. Go�#� �274)
If {a} Ver�dor is not a sol� proprietorship; (b) Vendor has ten (10} nr rrr�re fuli-time employees; anci (c) this
Agr�emenf or any Supplernental Agreerrtent with cert�in public entities ha� a v�lue o# $1fl0,000 or �rtore that is t�
be paid wholly as �Sartly from pub4fc fu�ds, fhe f�l�ovving certifi�ation �hai1 appfy; 4��1�fWf5E, ��119 CEf'tl�C�ff4f1 IS f30f
require�.
Vendar cerEi#ies that Vendor, or any v�rholly a�rs�ed s�sbs�d'sary, s�ta}asity-nwned subs's�#iary, parent c�mpany, or a�li�te
of these entities or busir�ess ass�ciatians, if any, do not boyefltt energy compar�ies and will nofi baycott ener�y
companie� during the term of the Agreerr�er�t or any applicable Suppfemenfal Agreement.
For purpo��s of this certification the #erm "company"' shall me�n an organization, �ssociation, corporation,
partnersi�ip, joini �enture, limited partnership, limited �iabiHty partnership, or �imified liability c�rt�pany, that exists fo
make a �rofii�.
The t�rm "boycoit energy comp�ny° s�alf inean "without an a�dinary bu�in�ss purpos�, refusing to deal with,
ierr�inating business activiti�s with, or ot�e�-wise takin� any action intencfed to penaf�ze, in�lict ecQ�amic harrr� or�, or
limit cor-nmerc�ial refatior�s with a carr�pany beca�ase the �c�rrip��y (a} �ngages in ihe exploration, production,
vtilization, transportatian, aal�, ar manufacturing af fo�sil fuel-based energy antf cioes nofi enmrr�if or pEedge to m�et
envirorment�l stancfards beyond applicabl� �eder�f and staie law, or (b) does business with a company de�cribed
by paragraph (a}." (��e Te�. Gov. Code ��9.40'f ).
When applicable, does Vendar certify?
Y�s, Vend�r ce�ti�ie�
5 Felon� Conviction N�tic� - T`�x�� �duc�tian C�de 4�4_Q��
��exas Edu�ation Gade, ��cfiian 44.034, N�tification nf Criminal History, Subsection (a�, ��ai�s, "a person c�r
business entity #hat enters infio a corrtract �rifh a schooi district must gi�e adv�nc� notice to �he district if the person
or an owner ar oper�tor of tF�e busin��s entity has been con�i�ted of a felor�y. �he notice must incfude a�enera�
d�scriptian of the cqnduct resulting in the conviction af a fe{pny."
Subsectiort (b) states, "a schotsl district rrt�y terrrrinat� a c�ntract with a p�rson or busin�ss �nti#y if the district
cietermin�s that the persan �r busir�ess er�tity failed fi� gi�e no�iee as required by Subseciion (a} or misrepresent�d
ti�� concluct resulting ir� the c�nvictian. The disfrict m�tst cnrnpensat� the person or business entity For s�rvices
performed before the termii�a�ion af the contract."
Subsectian jcj states, "'7his section does not appiy ta a publiciy hald corpora#ion.
Vendor ces�ifies nn� of the �€allawing:
A. My firrt'i i� a publicly he�d ct�rporation; therefore, this repartirzg requirement is nat applicahle, or;
B. My firm is not own�d nor operated by anyon� who has b�en �on�icted of a f�lor€y, or;
C. My firm is owned or oper�ted by the following individual(s) who haslhav� �een con�icted of a fefony.
If Vendor responds with Option (�), Vendor is requir�d to pro�ide information it� the next attribut�.
B. My firm is not owned nor operated by feEan.
Page 17 of 31 pages Vendor: PFtC�PAC, ��iC 24t7142
� I Fei�ny Cor�viction N��ice - T�xas Edu�ati�n �ode 44_034 -��ntin��cl
� � If Vendor seleeted fJ tion C�n the revinus attribut�, l/endor mu�t rovide ihe follo�srsn
P ()� p p g informatior� herein:
1. Name of Felc�n(s)
2. �'he Fe�an(s) titielrole in Vendar`s �ntity, and
3. DetailS e�f Felon(s} Gonviction(s).
No respanse
6 Conflict c�f Inte��s� C,��esfiionnaire R��uir�m�r�t
1 Vend�r agrees that it has lo�ked up, re�d, and un�ferstood the current version of Texas �ocal Government Code
Chapter �76 which generaily r�quires disclosures of conflicts of irtterests by Ver�dcar htereunder if Vendar:
(1) has an employmeni or other b�siness relationship with a local go�vernmen� officer of our loeal go�ernmental
er►tity, or a fa�i�y m�r�bes ofit�t� o�icer, described by Section 1i6.Ofl3(a}{2)��);
(2) has given a lacal government ofFic�r of our lacal governrnent�f entity, ar a family member o� tite offi�er, one or
more gifts with the aggregate ualue speci#'secS k�y S�ctian 176.003{a4(2)(S), excluding any gift described by Sec�ion
176.003(a-1); or
(3) I�as a��mily relationship wi�h a local governmen# officer of our I��al gouernmentad �ntity.
(A�) Ar�y oi�er financial, comm�rcial, or familial re4ationship waith our locaf governrv�ertt that may warra�t r�pca�ting
under this statute.
qoes Vertdor certify ihat it h�� N� r�portab;e confiict ofi inter�st?
Yes, Vendor certi�i�s - VENDOR HA� N4 CQi��LICT
6��r�fli�i c�i �nterest C,�u�stirrnnaire l��c�uir���nt -�vrrr► CIQ -�g�t�s�u�cf
Z lf you respanded "No, Vendor dc��s nof c�rtify - VENDOR HAS CON�LiCT'" ta the Confl€ct of lnterest Questionnaire
question above, you are requireef by law to fufiy exscute and uplaad the farm attachment �ntitled °Canflict qf
Interest Questionnaire -�orrr3 C�Q." If y�u accusataly claimed r�ca conf{ici alao��, y�u rnay disregard tY�e fiorm
at#achment entitlec� '°Confilict of Interest Questionnaire - Form �ICi."
Na�e you upload�d this form if �pplicable?
Not Applicable
6 ti�a�saad of ��srr��t 1N-9 i��quired
� Vendors are required by TIPS to upload a current, accurafe W-9 Internal Revenue Service (IRS) Tax Form for your
enfity. This form wili be utilized hy TIPS to proper�y ide€�#ify your entity.
You must confirm that yau are responding to this soiicitation under your legal enkity narne. Go now to yaur Su{�plier
Profile in this eBid Sys#�m and confirm that your profile reflects your "Legal Name" as it is listed an your W9.
6 Regulat�ry Gaod Siandirag C�rtificafinn
� Does Vendor certify thak its entity is in good standing vvill 2�i1 g�v�rnmenf eniities and agencies, wh�:ther loc�l, state,
or federal, that r�gufa4� ar�y asp�ct af Vendor's fi�ld caf work ar b�asin��s Qperations?
If Vendar sefects "No", Vendor m�st provide explanation on ti�e following attribute quesiion.
Yes, Vendor certifies
Page 18 of 31 pages Vendor: PROPAC, 4NC 2401D2
fi F�eguBa�ary G�+�ci Sianding �ertifi��iie�n -�ac�lan�tion - Confiin�ed
� If Vendar r�sponded ta the prior attribute t�at "No", Vendor is no# in good �tanding, V�ndor must provid� an
explanation of that fack of good standir�g here for TIPS considsr�ti�n.
No response
6� 1ns�ructi�r�s Oniy - Cer�ificaiion Regardin� ��b��'r��nt, s€€�per��i�n, in�li�abili�y and iF�l�ntar� �xclu�s�n
��nstcuctions for Certificatior� h�garding E�ebaement, Susp��t�ion, Ir��iigibility �r�d V�l�a�t�ry Exclusian
1. By answering yes to ihe next Atirib�te questian beloe�a, the vendar and prospactive lovder tier particip�nt is
praviding the certific�tior� set out her�in in accordance with th��e instructions.
2. 7he certifiication in th�is clause i� a�naterial repr�sentation of fact upon +�hi�h rel€anc� was plac�d tnrhen this
transaction was entered in#�. If it is later determined that t�e pro�pective fower tier participant kr�owingly rendered
an erroneous certificatican ir� �ddition to other rerr�edies available to th� f�deral gc�vernment, the department or
ag�ncy with vv}�ich this teansaction originated may pursue a�ailahi� remedies, inc[uding s�spension and 1 or
debarrner�t.
3. The pro�pective low�r t{er �a�,�sciparit shal4 provide +mmedtiate wriff�n notice to the persa� to whach this praposal
is �ubmitted I� 2i e`3iij/ �1fT1G tF1E �SrOSj�EC�IV� IC]W�C tIE.'r j?af�ICl�r'�tl� IB�I'I�S �Cl�i I�S GE:f�I�IG�tEClfl W�S E.'P'rCJ1i�QUS WIi�'fl
submitteci nr has become Erroneous by reasan of ci�anged circumstances.
4. The terrt�s "covered transaction,,, „debarred,,' "susper�ded,,, ��li1�I1C�¢I�IC:," "[ow�:r tier covered transaction,,,
"participants," "p�rsan," "prirnary caver�d iransactian," "principal," "prop�sal" a�ad "�aluntarily excfuded," as used in
this clause, ha�e the meanings sel out i� the �efinitions ar�d Gc�verag� sect€ons of r�le� impl�rr�enting Executi�e
Order 12�49_ You may contact fhe p�rson ta which this propos�l is s€�bmitted for �ssistanc� in obtaining a copy af
thc�se reg�lations.
5. The �rospecti�e lower tier �articipant agrees by submitting thi� forn7 t�tat, 5hould t�e prapossd covered
trar�sactio� be ent�red inta, it sha�l rrnt knowingly enter intp any Icaw�r tier cov�r�d transactipn v�ith a per��n whfl is
d�barred, suspended, declared ineligible or �o�unt�rily excluded frorn pa�ticip�ti�n in this covered trans�etion,
�anl�s� at�tharized by the �ep�riment or agency w�ith whi�h this �rar�sactian c�rig�inatec4.
6. The prospective law�r tier par#icipant furtl�er agrees by submitting thi� f�rm that if wi[I include fhis clause titfed
"Gertific�tian Reg�rding Dei�arme�t, 5u�pensic�n, Ineiigibility and Voltantary Excfusion-Lovver Tier Gavered
Transacti�n" without modificaiion in all lower tier covered tr�rts�ctions �nd in �61 solicitatians for lo�+ver tier covered
tr�r�sactians.
7. !A particip�nt in a�overec[ tr�nsactiorl rnay rely upon a certifica4ion �� � praspective participant in a Eower tier
covered tran�actiart that it is nat debarred, suspend�d, ineli�ible or voluntari{y exeluded from the cavered
transaction, unlr�ss it knows that th� certific�tion is �rraneous. A parti�ipant may decide the method and fr�quency
by vvhich it defermines ti�e eligibility of its principais. Each pa�'ticip�nt may, but i� not requir�d to, che�ls the
Nonprocurement List.
8. Nothing cantained 'in the foregoing sha�l be construed tc� r�quire establi�hm�:nt of a sysiern of records in order t�
render in good faith #he certification required by this clause. The kno�rEedge and information of a participant is not
required to exceed that which is normally possessed by a prudent p�rson in the c�rdinary eaurse of business
deaR+ngs.
9. Excepf for trar���ctions authcsrized under par�graph 5 of these ins#r�ctions, if � par#icipant ir� a co��red
transaction knawingly e�te�s into � fower tier cQ���ed tsar��a�tion vuith a persor� who is ��spended, debarreci,
ir�eEigible or �oluntarify excluded from participation in this transaction, in �ddition to o�her remedies aVailal�le to the
federal gaVernment, the department or agency with which this tr�ns�ction orsginated r'nay put°sue available
remedies, includirtg suspension and / or d�barment.
Page 13 of 31 pages Vendor' F'RQPAC, l�lC 24D102
6 Suspension or Debarment Certification
7 Read the instructions in the attribute above and then answer the following accurately.
Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or
agency.
Does Vendor certify?
�Yes, Vendor certifies�
Vendor Certification of Criminal History - Texas Education Code Chapter 22
Texas Education Code Chapter 22 requires entities that contract with school districts to provide services to obtain
criminal history record information regarding covered employees. Contractors must certify to the district that they
have complied. Covered employees with disqualifying criminal histories are prohibited from serving at a school
district pursuant to this law.
DEFINITIONS
Covered employees: Employees of a contractor or subcontractor who have or will have continuing duties related
to the service to be performed at the District and have or will have direct contact with students. The District will be
the final arbiter of what constitutes direct contact with students.
Disqualifying criminal history: Any conviction or other criminal history information designated by the District, or
one of the following offenses, if at the time of the offense, the victim was under 18 or enrolled in a public school: (a)
a felony offense under Title 5, Texas Penal Code; (b) an offense for which a defendant is required to register as a
sex ofFender under Chapter 62, Texas Code of Criminal Procedure; or (c) an equivalent offense under federal law
or the laws of another state.
Vendor certifies:
NONE (Section A): None of the employees of Vendor and any subcontractors are covered employees, as defined
above. If this box is checked, I further certify that Contractor has taken precautions or imposed conditions to ensure
that the employees of Vendor and any subcontractor will not become covered employees. Contractor will maintain
these precautions or conditions throughout the time the contracted services are provided under this procurement_
OR
SOME (Section B): Some or all of the employees of Vendor and any subcontractor are covered employees. If this
box is checked, I further certify that: (1) Vendor has obtained all required criminal history record information
regarding its covered employees. None of the covered employees has a disqualifying criminal history; (2) If Vendor
receives information that a covered employee subsequently has a reported criminal history, Vendor will immediately
remove the covered employee from contract duties and notify the purchasing entity in writing within 3 business
days; (3) Upon request, Vendor will provide the purchasing entity with the name and any other requested
information of covered employees so that the purchasing entity may obtain criminal history record information on
the covered employees; (4) If the purchasing entity objects to the assignment of a covered employee on the basis
of the covered employee's criminal history record information, Vendor agrees to discontinue using that covered
employee to provide services at the purchasing entity.
Which option does Vendor certify?
Yes, I certify - NONE (Section A)�
Page 20 of 31 pages Vendor: PROPAC, INC 240102
S Ce�ti#ication R�garding `"Chaice of L��v" T�rms wit� iIPS Member�
� Vendor agrees tha# if arsy "Choic� of Law" provisie�n is incf�ded in any sales agreementicar�tract between lfendor
and a TIPS Member, that clause must provide that the "Choice of Law" applicable io the sales agreemen�Jcontract
between Vendor and T1PS Il�i�mber shall be the state �rhe�e the TIPS I1r��mber ap�rates un�ess the TIPS fallsrs-ii�er
express[y agrees oth�rwise. Any TIPS 5ale SupplemEntal Agreement containing a"Chaice �f Law" clause that
confiicfis �vith these terms is rendered void �nd unenforceable.
If Vendor disagree5, after this solicitation legally closes and TIPS begins evaluaiing Vendor'� file, TIPS will provide
Vendor with a draft Word Documsnt version ofi th� Ver�dor A�rEemer�t anc! wiE! be insiructed io include all requested
negotiati�ns as redline edits for TIPS consideration.
Dcaes Ves�dor �gree?
Yes, Vendor agr���
7 Gert���cation Regarding "1�erru�" Terms with 7EP5 Mem�ers
� Vendar agrees that if any "Venue°` pro�isio� is ir�cluded in any sal�s agre�rnenticantract betwe�n Vendor and a
TfPS Member, that cfause must pravide that the "Venue" fcar any litigation or alt�rnati�e dispute r�solution is shall be
in fhe state �ncf county v,rhere ihe TIPS Member opesates un4�ss tne T4PS h�ember expressfy agrees atherwise. Any
TIPS Sale Supplemental Agreement containing a"Venue" dau�e that canflicts with th�se terr�s is rendereci �oid and
un�nforceable.
If Vendor disagrees, after th+is s�licitatian legaliy closes and TIPS begins evaluating 0lendar's file, T(P5 wiEl pra�ide
Vendor with a draft Word Docu�ent uersion nf the Vendor Agreement and will be instrucked to in�lude al! requested
negotiations as redfir�� edits far TIP� consideraiion.
�€��s Vencfor agree?
Yes, Vendor agrees
��eriific�tion Regarding �•Autom�ii� Renewal" T�rrvas with TIPS M�rrab�rs
� Vendor agrees that nQ �IPS Sale may incorporate an "Autama�ic F2ene�val" claus� tha# exceed� r�ranth to month
terms with whica� the 7fP� IVlember must cornply. All rer��wal terms incorprarated in#o a TIF�� �ale Supplemer�t�l
Agreement shaEl only be valid and enforceable w€�en Vendor received writt�n confirmation afi acc�ptance of the
renewal term fsnm the TIPS Memb�s for tf�e specific renev,raf term_ TY�e purpase of this clause is to a�oo�id a TIPS
f�ember ir�adverten4ly renew+ing a Supplemental Agreement eluring a period in �nr�ich #he go�erning body ofi th� TlPS
Member ha� not properly �pprc�priated �nd budgetad the funds ta satisiy the Agreerr�ent renevval. Any TEPS Sal�
Supplerr�ental Agreernent cor�taining an "Aut�matic Renev+ra[" clause that confl#cts w'sth these terms 'ss re�dereti vaic4
and unenfarceable.
If V�ndor di5agrees, after ii�is salicEtation iegally closes and TIPS begins ev�luating Vendor's file, Tli'S will provide
Vendor with a draft Word Document �ersian �f the Vendor Agreement and will b� instruct�d to i�ciude alE requested
negotiations as redfine edits for TfP� consideration.
Do�s Vendor agree?
Yes, Vendor agrees
Page 21 of 31 pages Vendar� P4�OPAC, II�C 2A0102
7 Certification Regarding "Indemnity" Terms with TIPS Members
2 Texas and other jurisdictions restrict the ability of governmental entities to indemnify others. Vendor agrees that if
any "Indemnity" provision which requires the TIPS Member to indemnify Vendor is included in any sales
agreement/contract between Vendor and a TIPS Member, that clause must either be stricken or qualified by
including that such indemnity is only permitted, "to the extent permitted by the laws and constitution of [TIPS
Member's State]" unless the TIPS Member expressly agrees otherwise. Any TI PS Sale Supplemental Agreement
containing an "Indemnity" clause that conflicts with these terms is rendered void and unenforceable.
If Vendor disagrees, after this solicitation legally closes and TIPS begins evaluating Vendor's file, TIPS will provide
Vendor with a draft Word Document version of the Vendor Agreement and will be instructed to include all requested
negotiations as redline edits for TIPS consideration.
Does Vendor agree?
�Yes, Vendor agrees�
7 Certification Regarding "Arbitration" Terms with TIPS Members
3 Vendor agrees that if any "Arbitration" provision is included in any TIPS Sale agreement/contract between Vendor
and a TIPS Member, that clause may not require that the arbitration is mandatory or binding. Vendor agrees that if
any "Arbitration" provision is included in any TIPS Sale agreement/contract between Vendor and a TIPS Member,
that clause provides for only voluntary and non-binding arbitration unless the TIPS Member expressly agrees
otherwise. Any TIPS Sale Supplemental Agreement containing a"Arbitration" clause that conflicts with these terms
is rendered void and unenforceable.
If Vendor disagrees, after this solicitation legally closes and TIPS begins evaluating Vendor's file, TIPS will provide
Vendor with a draft Word Document version of the Vendor Agreement and will be instructed to include all requested
negotiations as redline edits for TIPS consideration.
Does Vendor agree?
�Yes, Vendor agrees�
7 2 CFR PART 200 AND FEDERAL CONTRACT PROVISIONS EXPLANATION
4 TIPS and TIPS Members will sometimes seek to make purchases with federal funds. In accordance with 2 C.F.R.
Part 200 of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements fior Federal Awards
(sometimes referred to as "EDGAR"),Vendor's response to the following questions labeled "2 CFR Part 200 or
Federal Provision" will indicate Vendor's willingness and ability to comply with certain requirements which may be
applicable to TIPS purchases paid for with federal funds, if accepted by Vendor_
Your responses to the following questions labeled "2 CFR Part 200 or Federal Provision" will dictate whether TIPS
can list this awarded contract as viable to be considered for a federal fund purchase. Failure to certify all
reguirements labeled "2 CFR Part 200 or Federal Provision" will mean that vour contract is listed as not
viable for the receipt of federal funds. However, it will not prevent award.
If you do enter into a TIPS Sale when you are accepting federal funds, the contract between you and the TIPS
Member will likely require these same certifications.
Page 22 of 31 pages Vendor: PROPAC, INC 240102
7 2 CFR Part 200 or Federal Provision - Vendor Willingness to Accept Federal Funds
5 This certification is not required by federal law. However, TIPS Members are public entities and qualifying non-
profits which often receive federal funding and grants (ESSER, CARES Act, EDGAR, etc.) Accepting such funds
ofEen requires additional required certifications and responsibilities for Vendor. The following attribute
questions include these required certifications. Your response to this questions, the following certifications, and
other factors will determine whether your contract award will be deemed as eligible for federal fund expenditures by
TIPS Members.
If awarded, is Vendor willing to accept payment for goods and services offered under this contract paid for by a
TIPS Member with federal funds?
Yes
7 2 CFR Part 200 or Federal Provision - Contracts
s Contracts for more than the simplified acquisition threshold currently set at $250,000 (2 CFR § 200.320), which is
the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition
Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal
remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and
penalties as appropriate.
Notice: Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region
8 and TIPS Members reserve all rights and privileges under the applicable laws and regulations with respect to this
procurement in the event of breach of contract by either party.
Does vendor agree?
�Yes, Vendor agrees�
7 2 CFR Part 200 or Federal Provision - Termination
7 Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be
effected and the basis for settlement. (All contracts in excess of $10,000)
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and
TIPS Members reserve the right to terminate any agreement in excess of $10,000 resulting from this procurement
process for cause after giving the vendor an appropriate opportunity and up to 30 days, to cure the causal breach
of terms and conditions. ESC Region 8 and TIPS Members reserve the right to terminate any agreement in excess
of $10,000 resulting from this procurement process for convenience with 30 days notice in writing to the awarded
vendor. The Vendor would be compensated for work perFormed and goods procured as of the termination date if for
convenience of the ESC Region 8 and TIPS Members. Any award under this procurement process is not exclusive
and the ESC Region 8 and TIPS reserves the right to purchase goods and services from other vendors when it is in
the best interest of the ESC Region 8 and TIPS.
Dnas vPncinr agrPP?
Yes, Vendor agrees
Page 23 of 31 pages Vendor: PROPAC, INC 240102
7 2 CFR Part 200 or Federal Provision - Clean Air Act
$ Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as
amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the
non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the
Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-
1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental
Protection Agency (EPA).
Pursuant to the Clean Air Act, et al above, when federal funds are expended by ESC Region 8 and TIPS Members,
ESC Region 8 and TIPS Members require that the proposer certify that during the term of an award by the ESC
Region 8 and TIPS Members resulting from this procurement process the vendor agrees to comply with all of the
above regulations, including all of the terms listed and referenced therein.
Does vendor agree?
�Yes, Vendor agrees�
7 2 CFR Part 200 or Federal Provision - Byrd Anti-Lobbying Amendment
9 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000
must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352.
Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any
Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and
TIPS Members require the proposer certify that during the term and during the life of any contract with ESC Region
8 and TIPS Members resulting from this procurement process the vendor certifiesthat it is in compliance with all
applicable provisions of fhe Byrd Anti-Lobbying Amendment (31 U.S.C. 1352).
Does Vendor agree?
Yes, Vendor agrees�
Page 24 of 31 pages Vendor: PROPAC, INC 240102
8 I 2 CFR Part 200 or Federal Provision - Byrd Anti-Lobbying Amendment - Continued
� Applicable to Grants, Subgrants, Cooperative Agreements, and Contracts Exceeding $100,000 in Federal Funds
Submission of this certification is a prerequisite for making or entering into this transaction and is imposed by
the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)_ This certification is a material representation of fact upon
which reliance was placed when this transaction was made or entered into. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal
contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or
cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "disclosure Form to Report Lobbying,"
in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all
covered subawards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall
certify and disclose accordingly.
Does Vendor certify that it has NOT lobbied as described herein?
�Yes, Vendor certifies - NO Reportable Lobbying�
8 2 CFR Part 200 or Federal Provision - Byrd Anti-Lobbying Amendment - Continued
� If you answered "No, Vendor does not certify - Lobbying to Report" to the above attribute question, you must
download, read, execute, and upload the attachment entitled "Disclosure of Lobbying Activities - Standard Form -
LLL", as instructed, to report the lobbying activities you perFormed or paid others to perform.
8 2 CFR Part 200 or Federal Provision - Federal Rule
2 Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42
U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental
Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of
$100,000)
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and
TIPS Members requires the proposer certify that in performance of the contracts, subcontracts, and subgrants of
amounts in excess of $250,000, the vendor will be in compliance with all applicable standards, orders, or
requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act
(33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15).
Does vendor certify compliance?
�Yes, Vendor certifies�
Page 25 of 31 pages Vendor: PROPAC, INC 240102
$ 2 CF#d Part 2(�0 ar �ed�raf Prnrris�orr - Pr�curement of R��c�ver�� i�at�:rials
� A non-Federal sntity #h�t is a state agency or agen�y of a pt�l�tical subdivi�i�n of a stat� and ifis cantrac#�rs musf
comply +niith sectio� EOfl2 of #he Solid I�Vaste Disposal Act, as amend�d i�y the Re�aurc� Cons�rvation and
Reco�ery A�t. The requirement� of Section 60D2 ineEude: {1} procuring only iiems designated in guidelines of the
En�ironrr��ntal Prcatection Agency (EF'�) at A�D CFR part 247 th�t con4ain the highest p�rcent�ge �f rec�vered
materials practicable, consistent wit� rnair�taining a sa�isfactory level af comp�titi�r�, where the purcl�ase price af the
item exceeds $1p,000 or the v�lue of the quantity acquired durir�g #he precedir�g fiscaf year exceeded $1�1,O�Q; (2)
procuring solid waste management service� in � mar�ner that maxir-nizes energy and resource reco�ery; and
��t�bfishing an affirmative procurement program f�r procurement of recovered materiais identified in the EpA
guidelines.
Do�s vendor c�rtify that it is irr compliance with the�e pro�isions?
Yes, Vendor ceriifies
� 2 CFR I'ark �00 or Fed�ral Pr€�vision - Ri�ht� f� fnven�ior�s
4 ifi t1�e Federal award meets the definition of "fiunding agreement" uncier 37 CFR ;401.2 (a) and ths recipient or
subr�cipient wishes to enter into a�ar�iract with a small business firm or nonprofit organization regarding #he
sub�titution of parties, assignment or �erformance af ex�erirnental, deuelopmsntal, ar reseasch wo€k under that
"fiunding agreement," fhe recipient or subrecipient must comply wifh the req�iremer�ts of 37 C�R Par� 401, °`Rights
io fnv�ntions Made by Nonprofit �rganizat�ons �r�d Small Bu�iness Firrrss Under Governm�nt Gr�nts, Contracts and
Caaperative Agreernsnts," and �ny im�Vementing regufations iss�ed by �he awarding ar�ency.
Pursuant to ihe abave, when the faregoing �pplies to ESC Region ��nd TIPS Members, Vendor certifjes that
during the term of an awarc! resulting from thi� pracur�rr��nt pra�ess, Vendor agrees ta corr�ply +n�ith all applic�ble
requirements as referenc�d in the Fed�ral rul� �bove.
Does �endar cerki�Fy?
Yes, Venc�or certifies
Pege 26 of 31 pages Vendor: PROPAC, I�EC 24D742
� 2 CFF2 Part 200 oP F�d�ral Provi�ion - Dorn�stic Prefer��nce� for Pr��ur�rnents �r�d C�srnpiianc� r�vith
� Buy Arr�erica Pr��i�ion�
As appropriat� and to the extent consistent with law, TIPS M��-rtber Custorrters, to the greatest ext�nt practicabfe
under a Federaf award, may provide a pr�ferer�ce for the purchase, aeqt�isition, or �ase of goods, produ�#s, ar
materials produced in the United States (including bu# not limited to iron, aluminur�, sieel, cement, and oth�r
manufactured products). Vendor agr�es that the requirem�nfis af this section will be included in all s�b�wards
including �If contr�cts �nd purch�se ord�r� for work or products under this award, to the greatest extent practicable
under a Federai award. For purposes nf 2 CFR Part 2p0.322, "�iOCJUG�CI lil til� Ui11�8Ci S���ES" means, for iron and
ste�l products, th�t al! mar�ufaefiuring prcacesse�, Frorn the initial melting stag througl� the appl[cation of coatings,
csccurred in the United �tates. Moreov�r, for purposes of 2 CFR Part 2(?Q.322, "Manufactured products" means
items a�d constructian materials compc�sed in w�ofe ar in part of non-ferro�s metals �uch as aiur-ninum, pla�tics and
poiymer-based products such as poly�inyl chloride pipe, aggrega��s such as ca�cret�, glass, including optical fiber,
and lumber_
Vendor certifies that �t is in compliance with �II �ppkicabie prouisions of the Buy Arneric� Act. P�rchases made in
accordar�ce with the Buy Arr�erica Act must stifl fol[ow the a�p€icable procurem�nt ruies c�llirtg fo� free and open
competition. For purposes of 2 CFR Part 20Q.322,
"Produced in �he United �tates" means, for iron and sf�el pr�duck�, that aEl r�tanufacturir�g procssses, from the initial
melting stage through tt�e applic�tion of coatings, accurred in the United States.
"Manufactured products" means items and constructian materials composed in whole or in �Sart af non-ferrous
me#a!s s�ch as aluminum; plastics anci pc�lymer-based products such as polyvinyi chloride pipe; aggregat�s such as
c��crete; glass, including optical fiber; and I�mber.
Pursuant to the above, when fed�ral fur�ds ar� �xpended by ESC f�egion 8 and TlPS Members, Vend�r c�rkifies
that tp the greatest ext�n# praciicable V��dor will pravide a preference �c�r the p�rchase, acquisifion, ar u�e of
gocads, products, or materials p�od�ced in the Uniied States (in�luding but not limited to iron, aluminum, steel,
cement, and other manufac#ured products).
Does Vendor Cer#ify?
Yes, Vendor cerkifies
6 2 CFR Part 20� a� Federal �rovisian - Ban on �oreign iel�commur�icativns
ESC 8 and TIPS Members are prahihited from qk�ligating or expending Fecfer�l financiai assistar�ce, ta include laan
or grani funds, to: (1) procure ar' obta�n, (2) �xter�d or renew a contract to procure or obfain, or (3) en#�r into a
coniract (or extend �r renev�r a contract) �a procure or obtair�, equipme�t, services, ar sys�ems that use "cr�vered
#elecommunications" equipment or services as a st�bst�ntial or es�ential corrrpon�r�i qf �ny syst�m, or as criiical
technology as part of any system_ "�avered telecommunications" equipment is telecommunica#ions �quipment
produced by Huawei Technolagies Company r�r ZTE Corporation (or any subsidiary or affifiat� af such entities), and
physical security surv�illance of critical infr�structur� and other nationa! security purpose�, ar�t� v�deo surveilE�nce
and t�:lscommunicati�ns equi�ment produ��d by Hyt�ra Comrnunicatio�s Carparation, Har�gzhou F�iicvisiqn Digital
Technology Company, or Dah€�a �echnology Company (or ar�y subsidisry ar affiliate of such entities) for the
p�rpase af public safety, security o# go�ernm�nt facilities, physical �ecurity sur�eilfance of eritical infrastructure, and
other national security purposes detailed in 2 CFR § 200.21fi.
Pursuant to the abo�e, when federal funcis are expended by ESC R�gian 8 and TlPS Members, Vendor certifies
#h�t Vendor wsll not purchase equipmenf, s�;rvices, ar syst�ms that use "co�ered telecommunications', �� defin�d
by 2 CFR §200.216 ec�uipment or services as a s�bstantiaf or ess�ntiaF eorripan�nt of any syst�m, or as �ritical
t�chnology as part of any system.
Qoes vendor certify?
Yes, Vendor c�riifies
Page 27 0� 31 pagas Vendor: PROPAC, WC 240102
� 2�FR Part 20p or ��cleral Provision -�ontr�ct Gc�s� 8� P'rice
� For contracts mare than the simplifi�d acquisition threshold �urren#ly set at $250,t]OCl, a TIPS Merrtber m�y, in very
rare circumstances, be required ta ne�otiate profit as a separafe elerr�ent af the price p�rsuant to 2 C,F.R.
20Q.324(b). Under those circumstances, Vencior agress fio pravide inforr�ation and n�gbtiate wi�h the TIPS MerrEb�r
regarding profit as a separ�te ele�n�nt of the price. Howe�er, Vendor certifiie5 that tl�e total price charged by the
Vendar shall not �xceed the V�ndor's TIPS pricing and pricing terms propasec6.
Does Vendor certify?
Yes, Vendor certifies
8 2 CFR Part 2fl0 or Federal Prorri�ion - Equaf Employme�t Opp�rtunity
� Exc�pt as cth�nuise provid�d under 41 CFR Part 60, a[I contracts Eh�t rneet the definition of "federafly assisted coilsfrucEion contr�c#"
in 41 CFR Part 5�-�.3 must include t�ie equal apportunrty ctause provided und�r 4I CFR 6t1-9,q(bj, rn aecardance with Executi�e
Order 11246, "Equal Employment Opportunity" {3� FR 12319, 12935, 3 C�R Part, 1964-9965 Cornp., p. 339), as amended by
Executive Order 1'�375, "Arnending Executi�e Order 11246 Relaking to Equal Employment Opporkunity," and impierr�enting reguiations at
41 CFR part 50, "Qflice of Federal Contraet Compliance Programs, Equaf Employment Qpportuniiy, �epartment afLabor."
Pursuant to the abave, when federal funcEs are expended by CSC Reginn 8 and TIPS Memb�rs on any �ederafly
assisted construction cantract, the equal
opportunity clause is incorporated by reference here.
Does Vendor Certify?
YeS, Vendor certifie�
9 2 CFR Part 200 or Federal Provision - Contract Work Hours and Safety Standards
� Where applicable, all contracts awarded by ESC 8 and TIPS Members in excess of $100,000 that involve the
employment of inechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor
must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40
hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of
not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.
The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must
be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.
These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation or transmission of intelligence.
Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, Vendor certifies that
during the term of an award for all contracts resulting from this procurement process, Vendor will be in compliance
with all applicable provisions of the Contract Work Hours and Safety Standards Act.
Does Vendor certify?
Yes, Vendor certifies
9 I 2 CFR Part 200 or Federal Provision - FEMA Fund Certification & Certification of Access to Records
1
If and when Vendor accepts a TIPS purchase paid for in full or part with FEMA funds, Vendor certifies that:
(1) Vendor agrees to provide the TIPS Member, the FEMA Administrator, the Comptroller General of the United
States, or any of their authorized representatives access to and rights to reproduce any books, documents,
papers, and records of the Contractor which are directly pertinent to this contract, or any contract resulting from
this procurement, for the purposes of making audits, examinations, excerpts, and transcriptions. This right also
includes timely and reasonable access to Vendor's personnel for the purpose of interview and discussion relating
to such documents. Vendor agrees to provide the FEMA Administrator or an authorized representatives access to
construction or other work sites pertaining to the work being completed under the contract. Vendor acknowledges
and agrees that no language in this contract or the contract with the TIPS Member is intended to prohibit audits or
internal reviews by the FEMA Administrator or the Comptroller General of the United States.
(2) The Vendor shall not use the Department of Homeland Security's seal(s), logos, crests, or reproductions of flags
or likenesses of DHS agency officials without specific FEMA pre-approval.
(3) The Vendor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures,
and directives.
(4) The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the
non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.
(5) The Vendor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements)
applies to the Vendor's actions pertaining to this contract.
Does Vendor certify?
Yes, Vendor certifies
9 I 2 CFR Part 200 or Federal Provision - Certification of Compliance with the Energy Policy and
2 Conservation Act
When appropriate and to the extent consistent with the law, Vendor certifies that it will comply with the Energy Policy
and Conservation Act (42 U.S.C. 6321 et seq; 49 C.F.R. Part 18) and any state mandatory standards and policies
relating to energy efficiency which are contained in applicable state energy conservation plans issued in compliance
with the Act.
Does Vendor certify?
Yes, Vendor certifies
Page 29 of 31 pages Vendor: PROPAC, INC 240102
9 2 CFR Part 200 or Federal Provision - Certification of Compliance with Never Contract with the Enemy
3 Where applicable, all contracts awarded by ESC 8 and TIPS Members in excess of $50,000.00, within the period of
performance, and which are performed outside of the United States, including U.S. territories, are subject to the
regulations implementing Never Contract with the Enemy in 2 CFR part 183. Per 2 CFR part 183, in the situation
specified, ESC 8 and TIPS Members shall terminate any contract or agreement resulting from this procurement
which violates the Never Contract with the Enemy regulation in 2 CFR part 183, including if Vendor is actively
opposing the United States or coalition forces involved in a contingency operation in which members of the the
Armed Forces are actively engaged in hostilities. Vendor certifies that it is neither an excluded entity under the
System for Award Management (SAM) nor Federal Awardee Performance and Integrity Information System (FAPIIS)
for any contract terminated due to Never Contract with the Enemy as a Termination for Material Failure to Comply.
Does Vendor certify?
Yes, Vendor certifies
9 2 CFR Part 200 or Federal Provision - Certification of Compliance with EPA Regulations
4 For contracts resulting from this procurement, in excess of $100,000.00 and paid for with federal funds, Vendor
certifies that Vendor will comply with all applicable standards, orders, regulations, and/or requirements issued
pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act, as
amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part
15.
Does Vendor certify?
Yes, Vendor certifies
9 2 CFR Part 200 or Federal Provision - Record Retention Requirements
5 For contracts resulting from this procurement, paid for by ESC 8 or TIPS Members with federal funds, Vendor
certifies that Vendor will comply with the record retention requirements detailed in 2 CFR § 200.334. Vendor certifies
that Vendor will retain all records as required by 2 CFR § 200.334 for a period of three years after final expenditure or
financial reports, as applicable, and all other pending matters are closed.
Does Vendor certify?
Yes, Vendor certifies
9 2 CFR Part 200 or Federal Provision - Subcontracting and Affirmative Steps for Small and Minority
6 Businesses, Women's Business Enterprises, and Labor Surplus Area Firms.
Do you ever anticipate the possibility of subcontracting any of your work under this award if you are successful?
If you respond "Yes", you must respond to the following attribute question accurately. If you respond "No", you may
skip the following attribute question.
NO
Page 30 of 31 pages Vendor: PROPAC, INC 240102
9 2 CFR Part 200 or Federal Provision - If "Yes" Response to Above Attribute - Continued -
7 Subcontracting and Affirmative Steps for Small and Minority Businesses, Women's Business
Enterprises, and Labor Surplus Area Firms.
Only respond to this question if you responded "Yes" to the attribute question directly above. Skip this
question if you responded "No" to the attribute question directly above.
Does Vendor certify that it will follow the following affirmative steps? Federal Regulation 2 CFR §200.321
Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms. (a)The
non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business
enterprises, and labor surplus area firms are used when possible.
(b) Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are
potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum
participation by small and minority businesses, and women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and
minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration
and the Minority Business Development Agency of the Department of Commerce ; and
(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs(1)
through (5) of this section.
Does Vendor certify?
No response
9 ACKNOWLEDGMENT & BINDING CORPORATE AUTHORITY
$ By submitting this proposal, the individual(s) submitting on behalf of the Vendor certify that they are authorized by
Vendor to complete and submit this proposal on behalf of Vendor and that this proposal was duly submitted on
behalf of Vendor by authority of its governing body, if any, and within the scope of its corporate powers.
Vendor further certifies that it has read, examined, and understands all portions of this solicitation including but not
limited to all attribute questions, attachments, solicitation documents, bid notes, and the Vendor Agreement(s).
Vendor certifies that, if necessary, Vendor has consulted with counsel in understanding all portions of this
solicitation.
Page 31 of 31 pages Vendor: PROPAC, INC 240102
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TIPS CONTRACT 24� � �2
REQUrRED CONFIDENTIALITY CLAIM FORM
(VENDOR MUST COMPLETE THE FOLLOWING VENDOR INFORMATION)
VendorEntityName: PfOPaC, �IIC.
VendorAuthorizedSignatoryName: RlCilal'C� %�Illg
Vendor Authorized Signatory Title: C��
Vendor Authorized Signatory Email: prOpaC@pl'OpaCUSa.COfTI
venaoraaaress: 2465 Air Park Road
��ty: North Charleston
State: SC' ziP code: 29406
Vendor agrees that it is voluntarily providing its data (including but not limited to: Vendor information, Vendordocumentation, Vendor's
proposal, Vendor pricing submitted or provided to TIPS, TIPS contract documents, TIPS correspondence, Vendor logos and images,
Vendor's contact information, Vendor's brochures and commercial information, Vendor's financial information, Vendor's
certifications, and any other Vendor information or documentation submitted to TIPS by Vendor and its agents) (Hereinafter, "Vendor
Data") to TIPS. Vendor understands and agrees that TIPS is a govemment entity subject to public information laws including but not
limited to Texas Government Code (TGC) Chapter 552. Vendor agrees that regardless of confidentiality designations herein, Vendor's
submission of a proposal constitutes Vendor's consent to the disclosure and release of Vendor's Data and comprehensive proposal,
including any information deemed confidential or proprietary herein, to and by TIPS Members.
Notwithstanding the fbregoing permissible release to TIPS Members, if Vendor considers any portion of Vendor's proposal to be
otherwise confidential and not subject to public disclosure pursuant to public information laws, including but not limited to TGC Chapter
552, Vendor must properly execute Option I only below, attach to this PDF all documents and information that Vendor deems
confidential, and upload the consolidated documentation. Regardless of the Option selected below, this fbrm must be completed and
uploaded to the "Response Attachments" section of the eBid System entitled "Required Confidentiality Claim Form." Execution and
submission of this form is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a
request, a Public Information Request, or subpoena. If TIPS receives a request, any responsive documentation not deemed con�dential
by you through proper execution of Option I of this form will be automatically released. For information deemed confidential by you
through proper execution of Option 1 of this form, TIPS will follow procedwes of controlling statute(s) regarding withholding that
documentation and shall not be liable for any release of information required by law, including Ateorney General opinion or court order.
(YENDOR MUST COMPLETE ONE OF THE TWO OPTIONS AND UPLOAD IN THE EBID SYSTEM)
OPTION 1— DESIGNATING CONFIDENTIAL
MATERIAL,S — YES, V�NDOR HA3 ATTACHED
CONFIDENTIAL MATEItIALS
OPTION 2— WAIVER OF CONFIDENTIALITY — NO,
VENDOR RAS NOT ATTACHED CONFIDENTIAL
MATERIALS
(Confirm each bullet poind and sign below)
• Vendor claims some Vendor Data confdential to the extent
permitted by TGC Chapter 552 and other applicable law.
■ Vendor attached to this PDF all potentially confidential
Vendor Data and listed the number of attached pages below.
■ Vendor's authorized signatory has signed below and shall
upload this document in the proper location in the eBid
System.
■ Vendor agrees that TIPS shall not be liable for any release of
confidential information required by law.
Numberofpages attached deemed confidential:
Authorized Signature:
(Confirm each btdlet poinl and sign below)
By signing for Option 2 below, Vendor expressly waives any
confidentiality claim fbr all Vendor Data submitted in relation
to this proposal and resulting contract. Vendor confirms that
TIPS may freely release Vendor Data submitted in relation to
this proposal or resulting contract to any requestor. Vendor
agrees that TIPS shall not be responsible or liable for any use
or distribution of Vendor Data by TIPS or TIPS Members.
■ Vendor's authorized signatory has signed below and shall
upload this document in the proper location in the eBid
System_
■Vendor agrees that TIPS shall not be liable for any release of
confidential information required by law.
Digilally signed by Richard King
Richard King Date:2024.020516:48:41
Authorized Signature: as'0�'
EXHIBIT C
CONFLICT OF INTEREST DISCLOSURE REQUIREMENT
Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or
seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity
(i.e. The City of Fort Worth) must disclose in the Questionnaire Forms CIQ ("Questionnaire") the person's
affiliation or business relationship that might cause a conflict of interest with the local governmental entity.
By law, the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after
the date the person begins contract discussions or negotiations with the City, or submits an application or
response to a request for proposals or bids, correspondence, or another writing related to potential
agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176.
A copy of the Questionnaires Form CIQ is enclosed with submittal documents. The form is also available at
http: //www. eth ics.state.tx. uslformslCl Q. pdf.
If you have any questions about compliance, please consult your own legal counsel. Compliance is the
individual responsibility of each person or agent of a person who is subject to the filing requirement. An
offense under Chapter 176 is a Class C misdemeanor.
NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might have
with the City, state Contractor name in the # 1, use NlA in each of the areas on the form. However, a
signature is required in the #7 box in all cases.
CONFLlCT OF �NTEREST �?UESTI{7Ni�A��RE F�RM �IQ
For vet3dar doing busine�s with Eoca! goverr�ment�l entity
This questioonaiae reilects changes made ro the Iaw bg H.B. 23, a��h Leg., Regular Sassion. OF�ICEUSEON�Y
7tris qw�siicnnaira �s oeirag �iltd in acoord�nca�*ih Chaptar 17a. La�l Ga4�rnmQn[ Cr��e, try a u�n�C� vrh�
has a business r�iaKienshiti as dshne� by Sec;ien 175.0oi (t-a) rlil?� a bcal govemmerr.al snci:� ar��l the ��'' Rc:ewa
vendor me2ts requRsmenls undar Sectioru 1; o:�o6tai.
By Fav,• Ytis questqnnaire must h� �ilsd wilh cha racords adminisCraror af the laa! gwerttrrs�naal Entdy nct 6�;er
Ihan 4he ; th busi�ss day aftar [he date �he vendar taga�mes a•uare � fat�s [ha@ raauire the ;,SatemeM �o ha
1iIEXl. Sna S3tlian 176.005{a-f?, Lc�al Grn�amment C�dz.
A vendar commils an o`lense it tha ��ar•dor Iu���inQ1y violatev Secsia� t,•6.�oa, �Local ;overnmeni �,c�Je. br�
of�ar•.se un�er rhis x�icn is a mssd?meanor.
� Na�ne ofvendorwho has�:bus9auss relationshipwith iocal gouemmentmt errtity.
z
Ni�
� Chacltthis box if you a�a fiEing an updaie to a pt2vious[y fik+� q�est�onnaire. f° he law rdquiras inatyou f le an upd�ta3
cnmplaEed quastionn�ise �viih the a.ppropriate idi�g authoriry rs�t [ater 7�an t�a 7th business day after tha data on which
y�u became �wara that tha arginally fled questionnsise �vas :neornplete ai i�ac;.usate.}
3 Name of locai government oftioerabout whom the information is being diselosed.
Narna of Qfirer
a�scri'be each �tmptaymc+rtt or atlter buslness relations�i:p wath tt►e [ocal govemment officer, or � famity rr�mber of the
ofCecer, as described hy Se�tion 17&.Q03(,n)(�{A). A1so describe any faErtily relatianship with the iac3t govemment oificar.
Complete� subparts A and B 1or Qach emplayment or buslnass neia#ionship described. Att�ch additEonal pages to this Farm
CIO as nec2s•sary.
,�. Is the I;,:.:�I {x,varnment officar ar a famiy membar af t��e officer rseeh�ing er I ka�y [W reca�ve taxaC s ncon-,e.
ctha� than irnrastment inccme, irom th� vendvr?
� Y85 � NO
B, I�th�ven�crraceivinQerlike[ytorecaivataxahaincoma,o�herti�anirn�estmentinc;:me.frcmoracth2df9ction
af i.fia local g�•em:nent offi�as or a f;xmiiy msmbar �cf Tne affic9r AND t�e t�xablg ir,cama is not raca�;ad ircm the
local governmental antiry?
�Yas �No
5 Deseribeeach employment or businass r�alationship th.at the vendor named in �sction 1 maintains wkth a corporation or
other business entity wilh rgspect Io which the lvcal gwernment offioer setues as nn oilisx+� or diractnr, or holds an
owr�rs�ip inlerest of one peroeni ormora.
6
❑ Check th s bax d tfne vat�dor �as given tha localgcv�mmant oifaeer or a f�mily m8m�er oi the off:cer o�a or more gih;,
�s descr:bad i� Sa^.tion 17�.OD3ia;t?){E}, �xcJuaing gits daseribed in Secuon 176.003{a-1j.
7
�
J � Z �
�l�f131�I8 O VBO Gf dDIf1Sj G:..la3i VI ; e c,ov�em�rena er1.ry �.I�ta
Form prruided by Texas EiI11G. COl'hl�l[I5510�! 'h'S'N.Q�hIC5.5[1IG.eX.US �e.risEd alt �a3t
CtJNFLICT OF If�TER'EST �qU�ST14NNAiRE
For vendar doit�g business wfth Ivcal govern�tt�rstal enfity
h compleee co�y ot Chapter 1'76 of the tacal Go�ernment Cflde may be faund at �EtpJ�'www.s[a�u[es_le�is_stat�e.tx_�;sd
Da.;s+L�'htrn�L�. t76.him. Ftsr easy reference, beicw are some of the sect�ans c4�ed o� ti�is forr►.
f�oca{ Government Cade � 176.fl�1(1-�1: "8usiness re6atianship" an�ans a eann�ction bRtween iwo or rnare �rarties
based on commercial acti�ity ofene of the p�ai�ties_ The teran does not include a connection base�l on_
�A) a Erans�action that is � ubject to rate oe fes re�ulatio� by a tederai, staE�, or loca� governrne�tal entity or an
agency of a federal, s�aEe, ar ooc�l gwerr�r�entai eniity:
(B� a iransacEi�n cmndueted at. a price and subjec�.to terms ava1able t4 ths pubiic; vr
(C} ��urchase or lease af goais or ser✓ices (rorn a person that is chaite�ed by a state �r federal agency and
thai is subject ta r•egular examinaticn by, ar�d reporti�g to, tfia� agency.
.�ocalGovernrnentGode 6176.OU3[a1[21fAfanc!(Bl:
{a.} Alocai govemment o�#icer shai! file a conf{i�ts disclosurP statenaenl wiC�e respeCi ta aue�do� it:
(2) thevendor:
(A} hasanempioymentoro#herbusinessrelationshipwiihthelocal��vern�►ientoff�ccrora
family memt�e�' oP the offcer that resul�s in the oflicer �r famify r�e�ber re�eivin� iaxable
i�aeome, oiher than irnestmenf income: that exceeds $2,SOU during the 12-month pericd
pteceding the da@e that t�re +atfi�cer becomes aware that
�i) aeontrac� between the local governrnentalentity ar�d<<endor nas been ex�.uted;
c�'
(ii) f�e local e�overnm�ntal entiiy �s considerir7g enterinca ir��o a�ants2c� �with the
VP,i�1oF;
�Bj hasgiventathelch:algovera�men�o€fscero�afamiiy�ner�berGft�eofficero;neoxmoregifts
th�f have an aggre�ate �alue of �nore than $1�1� in the 1�-month peiacci preceding ti�e etate the
officer �ecomes aware i�at:
(iA a con�ract between the local gover�me�Eal entity andvendor h,as be�n executed; or
(ii) the le�cai go�rernmental entig� is considerina entering into a contractwith the ven�or.
�ocaf Gavernment Cvcie � 176.006fa1 and (a-1]
ta} t�vendor shall ti�e a completed canflict of intere�t s�t�estionnaire if the vendor has a business felationship
wifi7a lacal grn�ernmental entity and:
(t) has an emplo}�rraent or other business relaEianship with a tceai go�ern�nent officer os that lacal
governmental entiry, or a fara�ily member ot the officer, describe�d by Sect9on 176_003(a]12j(Aj;
(2} has gi�r�n a ic�al go�ernment officer oEthat locai gw�rnmenta! er�tity; ar a t'amal} member af the
officer. ona or more g�fts with the a�gret�ate value ��e�ified� b�� Secticn 17sAo3�a�{2)(B): ex.c2u�ing ar�y
gift descriE�ed by Sscticn 17G.OQ3(a-1 �; or
(31 has a fami3y relationshi� with a local go�ernme�� officer aF tMat local �ovemrt�enta9 eiitir,�.
(a- tj The completed conflict af i�terest quesE�onnaire� muse tre filed �uvith the apprapriate recor�s adm�nistrator
not laier #han th e seventh business day affee tt�e later of:
(1} tt�e date thaE the vendor_
(A} begins discussions or negotiations to enter int� a cantraet with �e local go�err�mental
er►tity; or
( Bj subrnits to the locai garemrrnental entir� an a¢�p?icaiion, respons:e to a request far pr�osals
or bids, correspond'er�c�, or another writiu�g �elated to a�3otential contraci with ti�e lacal
goverr�menEal enEity; or
�2) �3�e date the vendor becomes aware:
(Aj vf an �mployrroent ar ather business relatians�i� wit� a local g4vernmenf officer, ar a
family member of the aff�cer, described by Subsectior� (a);
(B� ii�attfi�evendorhasgiveno�teormoregiftsdescrvbedbySubsection(a);or
(C} of a family relatia�ship wiEfi a IocaP government o(�cer_
FormpraaidedbyTexasEthi�sCant�aaissio� •a�rrrr.e[t�ics.stats.�x.us RFnse:l Vta2a?t